JUDGMENT

K.M. Joseph, J.

By the impugned judgment, the High court has allowed the appeal filed by the State and found the appellant (Accused No. 4) guilty of the offence under Section 397 of the Indian Penal code (for short "IPC") and he was ordered to undergo R.I. for a period of 7 years and to pay a fine of Rs. 1000/- with default clause. Though the State has challenged the acquittal of the sixth accused, his acquittal was confirmed by the High court.

2. A complaint was submitted by PW 1 on 16.9.1996 at about 10.15 p.m. to PW 12, the Head constable. It was her complaint inter alia as follows:

While she was in her house with her husband, son-in-law and other relatives, they heard the barking of dogs and came outside. It was found 6-7 unknown persons wearing lungi and shirt armed with the club surrounded the complainant and their family members and insisted upon them to give their ornaments, watch and cash threatening that in case it is not so given they will be finished. They were pushed inside the house and PW4, PW5 and PW6 were assaulted with clubs. A golden chain was snatched. So also was the mangal sutra of PW1. A silver chain, ear rings and an amount of Rs.400/-were also snatche