P.R. Shivakumar, J. - (1.)Five persons were charge-sheeted in Crime No. 215/1998 registered on the file of Cumbum North Police Station for offences punishable under Sections 397 and 506(ii) IPC. The case was taken on file by the committal Magistrate, namely Judicial Magistrate, Utthamapalayam as P.R.C.No.22/1999 and following the committal procedure, the case was committed to the Court of Session, Madurai. The same was taken on file as S.C.No.375/1999 by the Principal Sessions Judge, Madurai and made over to the Additional Sessions Judge, Fast Track Court No.4, Madurai @ Periyakulam for trial and disposal according to law. After trial, the learned trial Judge held all the five accused to be guilty of offences under Sections 392 and 397 IPC, convicted each one of the accused with 12 years rigorous imprisonment and imposed a fine of Rs.5,000.00 with a default sentence of one year simple imprisonment for the offence under Sec. 392 Penal Code and a punishment of rigorous imprisonment for seven years for the offence under Sec. 397 IPC.
(2.)Aggrieved by and challenging the judgment of the trial court dated 10.11.2005 in respect of conviction as well as sentence, all the accused have come forward with these criminal appeals under Sec. 374(2) Crimial P.C. Mariappan (A1) and Rajangam (A2) have preferred Crl.A.(MD) No.254/2006; Chelladurai (A3) has preferred Crl.A.(MD) No.271/2006; Mani @ Manikandan (A4) has preferred Crl.A.(MD) No.583/2005; and Ramesh (A5) has preferred Crl.A.(MD) No.582/2005. Since all the appeals have arisen out of one and the same judgment pronounced in one and the same Sessions Case, all the four appeals were clubbed together and they were heard jointly and are being disposed of by a common judgment. Since the serial numbers of the appellants do not correspond to the ranks of the accused in seriatum, the appellants shall be referred to as Accused 1 to 5 respectively in accordance with their ranks in the trial court and at appropriate places, if necessary, their ranks in the appeals shall also be indicated.
(3.)The case of the prosecution, in brief, as discerned from the evidence adduced on the side of the prosecution, is as follows:
(i) PW1 - Manokaran, who was working under his uncle as an Accountant in his Grapes business, as usual took the grapes load to Kerala in a Mitsubishi van bearing Regn. No.TN-60 A-0343, supplied the grapes to the traders there, collected a sum of Rs. 1,87,500.00 on Saturday 26.04.1998 and started his return journey in the same van at 19.00 Hrs. from Alwaye. PW2 - Idhayakani was the driver of the said vehicle. PW3-Ganesan was the conductor of the vehicle. When the van was approaching towards Narayana Devan Patti viz Cumbum Mettu at about 1.00 Hrs. on 26.04.1998, they came across a road block made with heavy stones at about 6 kms from Cumbum. When the vehicle was slowed down, a few stones were pelted on the van from its left side and the front windscreen and head lamp got damaged. By the time PW1 got down from the vehicle, a group of 10 persons with a face mask of black clothes, armed with bill-hook, knife and rod, threatened PW1 and PW2 to hand over the money they had. Out of the said unidentified assailants, who were 10 in number, one who was armed with a knife, stabbed on the left shoulder of PW1 and caused injury, robbed his watch and then robbed PWs.1 and 2 of a sum of Rs. 1,85,000.00 along with a leather bag in which it was kept.

(ii) After the robbery on PWs.1 and 2 was over, a van bearing Regn.No.KL-05 E-2599 came from Cumbum and at the same time a lorry bearing Regn. No.TN-59 Z-3589 came in the opposite direction. On seeing those vehicles, the assailants got themselves divided into two groups. One group robbed a sum of Rs.3,000.00 and a watch from the driver of the van bearing Regn. No.KL-5 E-2599, whereas the other group robbed a watch from the driver of the lorry bearing Regn. No.TN-59-Z-3589. PW4 - Easwaran was the driver in charge of the van bearing Regn.No.KL-5-E-2599. When the assailants were in the process of committing robbery on the drivers of the van bearing Regn.No.KL-5-E-2599 and lorry bearing Regn.No.TN-59-Z-3589, PW1 escaped from the place in the shadow of darkness, reached the check-Post and informed the persons found in the Check-Post of the occurrence. They advised him to go to Cumbum North Police Station and lodge a complaint. He boarded a van that came there and reached Cumbum North Police Station.

(iii) An oral complaint was given, which was reduced into writing. Such a complaint of PW1 which was reduced to writing and signed by him is Ex.P1. Thereafter he went to the Government Hospital, Cumbum for treatment. PW4-Easwaran, who was the driver of the vehicle bearing Regn. No.KL-5 E-2599 also went to Cumbum North Police Station and gave information to the police. PW9-Dr.Sakthivel, Senior Civil Surgeon at Government Hospital, Cumbum examined PW1 at 12.45 Hrs. on 26.04.1998 and treated him for two simple injuries and issued Ex.P13 - Wound Certificate. Similarly, PW2-Idhayakani was examined and given treatment by PW9-Dr.Sakthivel for simple injuries. The wound certificate issued by PW9 to PW2 is Ex.P14.