J U D G M E N T

This appeal is filed by accused Nos. 1 to 4 in S.C. No. 275/2011 of the Additional Sessions Court (Adhoc - II), Kasaragod. The accused Nos. 1 and 2 were convicted for offences punishable under Sections 395 and 397 of I.P.C. and they were sentenced to undergo R.I. for 7 years each and to pay Rs. 2,000/- each as fine. Accused Nos. 3 and 4 were sentenced to undergo R.I. for 7 years each and to pay Rs. 2,000/-

each as fine fo the offence under Sec. 395 of IPC.

2. It is alleged that on 24-01-2011, P.W.1 being the driver of the lorry proceeded from Coimbatore to Mangalapuram (Mangalore) and at about 4 AM on 25-01-2011 they reached near Cheruvathur. The lorry was parked at a vacant space by the side of the highway. The driver (PW1) and the cleaner (PW2) were sleeping in the cabin of the lorry. At about 6 a.m., the four persons (the appellants herein) came near the cabin and knocked at the door and requested for drinking water. When P.W.2 was giving drinking water, one of the accused persons (A2) threatened P.W.2 by keeping a knife at his neck and demanded money. P.W.2 was not having money in his pocket. One of the accused (A1) took away money, mobile phone, identity card and