The prosecution failed to prove the use of a deadly weapon during the commission of robbery, leading to the court's ruling to overturn the conviction.

JUDGMENT

This criminal appeal is preferred by the appellant/accused No.2 against the judgment passed by the Learned V Additional Sessions Judge, Chennai in S.C.No.184 of 2005 dated 22.7.2010 wherein the learned trial judge convicted and sentenced the appellant for an offence under section 341 of IPC to simple imprisonment for one month, for offence under Section 392 r/w 397 of to rigorous imprisonment for 10 years, for offence under Section 353 of to simple imprisonment for one year, for offence under Section 506 (ii) of to simple imprisonment for one year and for offence under Section 336 of to simple imprisonment for one month.

2.The brief case of the appellant:-

PW1 Ravi is a resident of Kalamegam Streeet, Mugaper West, Chennai went to Chetpet in order to met his friend. On 31.8.2004 at 8.00AM he proceeded towards north to Chiti Babu Street. While so, Accused A1 Krishnasingh and A2 Jeyavelu joined together in furtherance of common intention waylaid PW1 and in the course of the same transaction A1 scolded PW1 in filthy language and forced to handover money kept in the pocket. When PW1 refused to part with the money accused A1 took out the knife from his waist and pin pointed the knife over the stomach of PW1 and by putting him to fear of death. Accused A1 took out Rs.70/- from the pocket of PW1 by force and during the course of the same transaction Appellant/accused A2 snatched the golden chain weighing about 4 grams from the neck of PW1 and thereafter A1 and Appellant/accused A2 attempted to ran away from the spot of occurrence. At that time, PW1 had noticed the arrival of PW3 Ravindran, PW4 Sudhakaran, Sivaprakasam and PW5 Thiruneelakandan have shouted as “thief” “thief” On hearing the hue and cry, the police personals and the public chased accused A1 and A2 and rounded up them.

2.1. In order to escape from the clutches A1 took out the knife and attempted to stab the public who approached him and Appellant/accused A2 took out the blue metals from the road and belted towards the public and thereby caused traffic obstruction. Due to fear, the public of the locality started to ran from the spot of occurrence. The shop keeper of the locality also down the shutters and try to run away from the spot of occurrence and due to that the free flow of the traffic was stalled. However PW3 Ravindran Head Constable and PW1 Ravi have caught holds A1 and recovered the stolen amount robbed from PW1 and handed over the same to PW1. The Police personnel namely Sivaprakasam and PW5 Thiruneelaknadan, Head Constable along with one Jothi chased Appellant/accused A2, caught him, recovered the chain and handed over to PW1. Thereafter, the police personnel’s had taken A1 and A2 to the Police Station with an instruction to PW1 to accompany them to Police Station to lodge a complaint about the robbery committed by the accused persons. Therefore PW1 joined with the police officials and went to Chetpet Police Station at 8.30 a.m. and lodged Exhibit-P1 complaint and handed over the stolen article and the cash to the Inspector of Police with a request to take necessary action. PW6 Thiru.V.Sethu, Inspector of Police attached to Chetpet Police station had received Exhibit-P1 complaint from PW1 and on the basis of Exhibit P1 registered Exhibit P9 FIR against the appellant/accused under Sections 341 , 397, 332, 336 and 506(2) of IPC and took up the same for investigation.

2.2. During the course of investigation PW6 arrested A1 and A2 at the police station and recovered the cash and the golden chain which were handed over by PW1 under Form-95. PW6 forwarded the stolen goods to the Court. The stolen goods were recovered by PW6 und