THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NOs.2016, 2017 & 2018 OF 2004 COMMON ORDER: 1 The petitioners in these three revisions and others were tried by the learned IV Additional Judicial Magistrate of I Class, Kakinada in C.C.No.350 of 1999 for the offences punishable under sections 380 and 411 of IPC. It appears, during the course of trial, the third accused died and the case against him was abated. During the course of trial, the prosecution examined P.Ws.1 to 8 and got marked Exs.P.1 to P.16 and M.Os.1 to 31. Having analysed the said evidence both oral and documentary the trial court came to the conclusion that all the accused including the petitioners are guilty of the said offences punishable under sections 380 and 411 of IPC and accordingly sentenced them to undergo rigorous imprisonment for a period of six months and also to pay a fine of Rs.500/- each, in default, to suffer simple imprisonment for a period of three months for the offence punishable under section 380 of IPC. They are further sentenced to undergo rigorous imprisonment for a period of six months for the offence punishable under section 411 of IPC. Questioning the said judgment dated 09.04.2003 passed by the trial court accused 4, 5, 6 and 7 preferred three different Criminal Appeals i.e. A.7 preferred Crl.R.C.No.2016 of 2004, A.4 preferred Crl.R.C.No.2017 of 2004 and A.5 and A.6 preferred Crl.R.C.No.2018 of 2004. The appellate court, though found the petitioners not guilty of the offence punishable under section 380 of IPC however, found them guilty of the offence punishable under section 411 of IPC and accordingly sentenced them to undergo rigorous imprisonment for a period of six months. Hence the said accused filed these three revisions. In view of the commonness all these revisions are disposed of by this common order. 2 The case of the prosecution, in brief, is that during the course of investigation in Cr.No.38 of 1999 registered for the offences punishable under sections 457 and 380 of IPC of Karapa P.S., it is revealed that the accused 1 to 7 in all the cases, in pursuance of their plan, on 19.6.1991 night entered the house of one Chundru Sriharirao and committed theft of cash of Rs.2,05,000/- and gold ornaments worth of Rs.1,83,000/-. On 28.06.1999, on reliable information, the Inspector of Police, Kakinada apprehended A.1 to A.4 and on interrogation the accused narrated the incident and the Inspector of Police seized the cash from A.1 to A.4. On their further confession gold ornaments were seized in the presence of mediators. On 5.7.1999 A.5 was apprehended and A.6 was apprehended on 8.7.1999 and in pursuance of his confession the stolen property was recovered from A.7. After completion of investigation the police filed charge sheet. 3 The learned counsel for the petitioners fairly conceded that this is not a fit case for interference, but, however, requested the court to take a lenient view in so far as the said sentence is concerned. 4 Having regard to the fact that the offence for which the petitioners were sentenced is under section 411 of IPC and as the said sentence is only for a period of six months and inasmuch as they were in jail from 25.11.2004 to 8.12.2004, this court is of the view that a lenient view can be taken. 5 Accordingly, the said sentence of imprisonment of six months imposed by the court below is reduced to that of the period, which the petitioners had already undergone. Excepting the above modification, in all other aspects, all these revisions are dismissed, ----------------- kvsn 27.01.2011