HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL NoS.94, 665 & 1457 OF 2009
COMMON JUDGMENT:
1.
Since all the appeals arising out of S.C.No.38 of 2007, dated 10.09.2008, they are being heard together and disposed off by way of this Common Judgment.
2. Criminal Appeal No.94 of 2009 is preferred by A1, Criminal Appeal No.665 of 2009 is preferred by A5 and Criminal Appeal No.1457 of 2009 is preferred by A3.
3. It is represented by the learned Public Prosecutor that A5 died, as such, Criminal Appeal No.665 of 2009 stands abated.
4. The case of the prosecution is that the appellants and two other juveniles stopped P.W.1 near his house and in all five persons took the purse from his shirt forcibly and also took out the wrist watch. Immediately, P.W.1 went to the police station and lodged Ex.P1 complaint after calling 108. Rs.100/- was recovered from A3 and watch was recovered from A1.
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5. The defence of the appellants is that they have been falsely implicated at the instance of police and P.W.1/victim identified the appellants at the instance of police.
6. Learned Public Prosecutor submits that P.W.1 has identified these appellants and there is no reason to disbelieve the evidence, for which reason, the conviction by the learned Sessions Court is proper.
7. P.W.1 stated that while he was traveling on his vehicle, he was stopped by one person, who beat him while resisting, the other four persons came there and the purse containing Rs.1,000/- and his wrist watch was forcibly taken from him. When P.W.1 was assaulted and his watch and purse were forcibly taken and that P.W.1 showed his resistance, it cannot be said that P.W.1 has falsely identified the appellants.
8. Learned Public Prosecutor, on instructions, submits that there are no other cases pending against these appellants. The incident occurred in the year 2006 and 16 years have lapsed. There are no injuries that have been inflicted on P.W.1. In the circumstances, this Court deems it proper to reduce the 3 sentence of imprisonment to the period already undergone by the appellants. Accordingly, the impugned judgment of the trial Court is modified.
9. Accordingly, the Criminal Appeals are disposed off.
__________________ K.SURENDER, J Date: 24.08.2022 kvs 4 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.94,665 & 1457 OF 2009 Date: 24.08.2022.
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