S. Vimala, J. - (1.) The appellants, who are A-2 and A-3 in S.C. No.334/98 on the file of the IV Addl. Sessions Judge, City Civil Court, Chennai, was tried for the offence u/s 395 r/w 397 IPC along with the accused in S.C. No.376/03, who is A-1 in the said incident. Three other accused, viz., A-4, A-5 and A-6, who were also involved in the said incident, having absconded, the case against the said accused were separated and the same is pending in S.C. No.642/03.
(2.) The above three accused were tried for the offence u/s 395 r/w 397 IPC by the learned IV Addl. Sessions Judge and on being found guilty, they were convicted and sentenced to rigorous imprisonment for a period of seven years and to pay a fine of Rs.1,000/- each, in default, to undergo simple imprisonment for a period of six months. Aggrieved by the said conviction and sentence, the present appeal has been filed by A-2 and A-3 in S.C. No.334/98.
(3.) The facts, in brief, is stated hereunder for better appreciation of the matter :- P.W.1 was returning from Singapore on the midnight of 4.1.92. After clearing the immigration and customs check, P.W.1 came out and he was accompanied by P.W.s 2 and 3 in the auto of A-1, who normally takes P.W.1 whenever he returns from abroad. P.W.s 1 to 3 boarded the auto of A-1 and proceeded to their home at Ekkatuthangal at about 1.00 p.m. In the early morning hours. While proceeding near Sundar Nagar near M.R. Electronics, the auto in which P.W.s 1 to 3 were travelling was waylaid by the A-2 to A-6, who came in another auto. P.W.s 1 to 3 were forced to get down from the auto and after inflicting injuries with knife on P.W.s 1 to 3, A-2 to A-6 took the items belonging to P.W.1 from the auto and fled away from the said place.;