Advocates:
['M/S V PARTHIBAN', '', 'S SENTHILVEL', 'PUBLIC PROSECUTOR']

BAIL SLIP

The Appellant/Accused namely Sivaraman, @ Billa S/o.Velu

be and hereby was directed to the released on bail vide court

order dated 02.04.2008 in MP.1 of 2008 in Crl.A.132 of 2008.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2017

C O R A M

THE HONOURABLE MR.JUSTICE C.T.SELVAM

Criminal Appeal No.132 of 2008

Sivaraman @ Billa

S/o.Velu

... Appellant/Accused

-Vs-

State by

The Inspector of Police,

Sholingar Police Station,

Vellore District.

[Crime No.530 of 2002]

... Respondent/Complainant

Criminal Appeal filed under Section 374(2) of the Code of

Criminal Procedure against the judgment dated 28.07.2005 in

S.C.No.141 of 2005 passed by learned Additional District and

Sessions Judge, F.T.C.No.2, Ranipet and to set aside the same.

For Appellants :

Mr.V.Parthiban

For Respondent :

Mr.V.Arul

Additional Public Prosecutor.

*****

J U D G M E N T

This appeal arises against the judgement of learned

Additional District and Sessions Judge, F.T.C.No.2, Ranipet,

passed in S.C.No.141 of 2005 on 28.07.2005.

2. The case of the prosecution is that on 10.10.2002 at

about 9.00.a.m., appellant/accused entered into the house of PW-

1, when her husband was away, under the guise of being a cable

TV repair man. He held a pen knife to the neck of PW-1 and

https://hcservices.ecourts.gov.in/hcservices/

under threat of doing her as also her infant son to death had

PW-1 hand over her Thali chain. He opened a bureau and took away

20.75 sovereigns and a camera worth about Rs.1000/- The value

of the articles was placed at Rs.50,000/-. PW-1 preferred

Ex.P1, complaint, on 10.10.2002 at 10.30.a.m. PW-6, Sub

Inspector of Police, Sholingar, registered a case in Crime

No.530 of 2002 on the file of respondent for offence u/s.392

IPC. The First Information Report is Ex.P9. PW-7, Inspector of

Police, took up investigation on 10.10.2002, visited the place

of occurrence, prepared Ex.P2 - Observation Mahazar and Ex.P10 –

Rough Sketch in the presence of PW-2 and another. He examined

PWs-1 to 4 and recorded their statements. Thereafter,

Mr.Anbazhagan, Inspector of Police, took up further

investigation. On 28.12.2004 at about 6.00.a.m., he arrested

the accused near Sholingar bus stop. He recorded the confession

statement of accused in the presence of PW-5 and another. He

seized MOs-1 to 14 under Ex.P4 to 8 - seizure mahazar. On the

same day, he called PW-1 and asked her to identify the jewels in

the presence of the accused. He sent the accused to judicial

custody. On completion of investigation, he filed a charge

sheet before learned Judicial Magistrate, Sholingar, informing

the commission of offences under Sections 451(ii), 392(i) and 75

IPC. The case was tried in S.C.No.141 of 2005 before the

learned Additional District and Sessions Judge, F.T.C.No.2,

Ranipet. Appellant/accused was charged u/s. 75 IPC on the

allegation that he had been convicted for offence under Section

379 IPC in respect of a case registered in Crime No.1002 of 2004

on the file of Kanchipuram Taluk Police Station, had been given

the benefit of the Probation of offenders Act and had executed a

bond for good conduct in such case.

3. Before trial Court, prosecution examined 7 witnesses

and marked 11 exhibits and 14 material objects. None were

examined on behalf of the defence nor were any exhibits marked.

When questioned u/s.313 Cr.P.C., accused denied charges. On

appreciation of materials before it, trial Court, under

judgement dated 28.07.2005, convicted appellant/accused for

offence u/s.451(ii), 392(i) and 75 IPC and sentenced him to 5

years R.I. for offence u/s.451(ii) IPC and 10 years S.I for

offence u/s 392(i) IPC. Trial Court directed sentences to run

concurrently.

4. Heard learned counsel for appellant and learned

Government Advocate [Crl.side]. Perused the records.

5. Learned counsel for appellant's initial submission

was the case was