THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1757 OF 2007 & 126 OF 2008 COMMON JUDGMENT: 1 Appellant in Criminal Appeal No.1757 of 2007 was tried as A.1 in S.C.No.284 of 2006 and appellant in Criminal Appeal No.126 of 2008 was tried as A.5 in S.C.No.34 of 2006 by the learned Additional Assistant Sessions Judge (FTC) Luxettipet, Adilabad District for the offence punishable under section 395 of IPC. The said two Sessions Cases arise out of Cr.No.82 of 2003 on the file of P.S. Luxettipet. During the course of trial, the prosecution examined P.Ws.1 to 18 and exhibited Exs.P.1 to P.36 and M.Os.1 to 6. The trial court, after full fledged trial, found the appellants guilty of the offence punishable under section 394 of IPC and accordingly convicted and sentenced them to undergo rigorous imprisonment for a period of ten years and also to pay a fine of Rs.200/- each. In default, to suffer simple imprisonment for a period of three months. The said judgment dated 29.01.2007 was questioned by way of filing these two Criminal Appeals. Hence these two appeals are disposed of by way of this common judgment. 2 Brief facts are that on the intervening night of 12/13.08.2003 three unknown offenders armed with sticks and knives trespassed into the house of one M.A. Khadar by breaking the doors with a boulder and snatched one gold lacha weighing one tola fro his wife, one gold Kuthikattu weighing one tola from his daughter in law and robbed away the gold and silver ornaments kept in the secret box of almirah along with a net cash of Rs.20,000/- by threatening the inmates of the house and thereafter entered into another house which belongs to Nagunuri Venkataiah and snatched one gold Pusthelathadu weighing 2 ½ tolas from the wife of said Venkataiah by beating him and thereafter fled away with the booty all worth Rs.69,800/- In that connection a case was registered under section 395 of IPC. During the course of investigation a gang of nine dacoits were apprehended by the police, Mandamarri at Mandamarri railway station on 07.10.2003 in Cr.No.36 of 2003 of that police station and during the course of interrogation by the Inspector of Police, Mandamarri, the accused 1 to 9 in that case confessed the commission of this offence and other offences along with A.10 to A.12 and in pursuance of such confession made by A.1 to A.9, the Circle Inspector of Police, Mandamarri recovered the stolen properties under the cover of panchanama. After completion of investigation the police filed the charge sheet. 3 Heard. 4 The learned counsel for the appellants fairly conceded that this is not a fit case for interference, but requested this court to take a lenient view in so far as the sentence imposed on the appellants is concerned. She further submitted that the appellants were apprehended on 07.10.2003 and from then onwards, they are in jail. In that view of the matter, this court directed the learned Additional Public Prosecutor to get instructions. On instructions the learned Additional Public Prosecutor submitted that the appellants have been languishing in jail from 07.10.2003. 5 From the above it is clear that the appellants had already undergone a total sentence of more than seven years whereas the sentence of imprisonment imposed on the appellants is only ten years. In that view of the matter, this court is of the view that a lenient view may be taken in so far as the said sentence is concerned. 6 In the result, the sentence of rigorous imprisonment for a period of ten years for the offence punishable under section 394 of I.P.C imposed against the appellants herein viz., Pattem Sammaiah (A.1) – appellant in Crl.A.No.1757 of 2007 and Jagannatha Narsaiah (A.5) – appellant in Crl.A.No.126 of 2008 by the court below is reduced to that of the period, which the appellants had already undergone. The appellants are directed to be set at liberty forthwith, if not required in any other crime. Except the above modification in all other aspects these appeals are dismissed. _____________________________ GOPALA KRISHNA TAMADA, J 26th October 2010 Registry is directed to issue Copy Immediately. B/o Kvsn