IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.01.2019 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.A.No.6 of 2005 Madan ... Appellant Vs.

State: by Inspector of Police, P.6 Kodungaiyur Police Station, Chennai.

(Crime No.121 of 2001) ... Respondent Prayer:

Appeal filed under Section 374 of Cr.P.C., against the judgment of the learned Additional Sessions Judge, Fast Track Court No.2, Chennai made in S.C.No.77 of 2002 on his file dated 20^th October 2004, convicting the appellant herein under Section 392 read with 34 and 109 I.P.C. and sentencing him to undergo seven years R.I. And to pay fine of Rs.1000/- in default to undergo 3 months S.I.

For Appellant : Mr.S.Pushpakaran Legal Aid Counsel For Respondent : Mr.R.Ravichandran Government Advocate (Crl. Side)

J U D G M E N T

The appellant has filed this appeal seeking to set aside the judgment dated 20.10.2004 made in S.C.No.77 of 2002 by the learned Additional Sessions Judge, Fast Track Court No.2, Chennai.

2.The appellant is the fourth accused in the case in S.C.No.77 of

2002. The brief facts of the case is as follows: On 16.02.2001 at about 10.00 a.m., two un-known persons entered into the house of P.W.1 at No.72, 4^th Street, Ever