THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE Nos.212 and 213 of 2004 COMMON JUDGMENT: Since the petitioners herein were tried together as A-2 and A- 3/A-4 in C.C.No.151 of 2001 on the file of the Court of the Judicial First Class Magistrate, Nakrekal, out of which these Criminal Revision Cases arise, these Criminal Revision Cases are being disposed of by this common judgment. For the sake of convenience, the parties would be referred to as arrayed before the trial Court. The facts of the case, in nutshell, are that on the intervening night of 1/ 2-12-2000 at about 1.30 p.m., A-1 to A-4 went into the house of PW.1 and, posing themselves as Annalu, threatened the inmates i.e., Pws.1 to 3 and robbed gold pusthelathadu and gold ring from Pw.2. They took keys of almirah from PW.2 and committed theft of gold chandraharam and four gold bangles from the almirah, and also snatched away gold black beads chain from PW.3. On a complaint lodged by PW.1, a case in Crime No.79 of 2000 was registered against the accused for the offence punishable under Section 382 of IPC and investigation was taken up. After completion of investigation, the charge sheet was laid against the accused, and the same was taken on file by the learned Judicial First Class Magistrate, Nakrekal, as CC.No.151 of 2001. To substantiate its case, the prosecution examined 10 witnesses as P.Ws.1 to 10 and got marked Exs.P1 to P30 and M.Os.1 to 6. On behalf of defence, none were examined, but Ex.D1 was marked. The trial Court, on an analysis of both oral and documentary evidence on record, came to the conclusion that the accused are guilty of the offence punishable under Section 392 of IPC and, accordingly, by judgment dated 25.02.2002, convicted and sentenced the accused to undergo Rigorous Imprisonment for three years each and also to pay a fine of Rs.100/- each, in default, to undergo Simple Imprisonment for one month each. As against the said judgment, Accused No.2 preferred Criminal Appeal No.48 of 2002, whereas Accused No.1 and Accused No.3/4 preferred Criminal Appeal No.56 of 2002, and both the appeals were dismissed by common judgment dated 29.01.2004. Aggrieved thereby, Accused No.3 preferred Criminal Revision Case No.212 of 2004 and Accused No.2 preferred Criminal Revision Case No.213 of 2004. Heard the learned counsel appearing for the petitioners in both these Criminal Revision Cases and the learned Additional Public Prosecutor appearing for the State-respondent. To bring home the guilt of the petitioners herein, the complainant was examined as PW.1 and two more eye-witnesses, who are victims, were examined as PWs.2 and 3. The panch witnesses were examined as P.Ws.4 to 6. P.Ws.7 and 8 are the circumstantial witnesses. P.Ws.9 and 10 are the Investigating Officers. The evidence of P.Ws.1 to 3 is very much important to hold as to whether the petitioners are guilty of the offence for which they were tried. P.Ws.1 and 2, who are the husband and wife, are residents of Korlapad village. The mother of PW.2 is PW.3. The evidence of P.Ws.1 to 3 is consistent and there is absolutely nothing to discredit their testimony. Of course, the alleged offence took place on the intervening night of 1/ 2-12-2000 and the Test Identification Parade had taken place on 03.03.2001. The submission of the learned counsel for the petitioners that the Test Identification Parade lost its credence for the reason that it was conducted after three months of the alleged offence cannot be accepted. No doubt, if there is long gap between the date of the offence and the date of the Test Identification Parade, the accused are entitled to benefit of doubt. But, in this case, within three months from the date of offence, the alleged Test Identification Parade was conducted in the presence of PW.8, and that PWs.1 to 3 identified the petitioners herein. In fact, the learned Judicial First Class Magistrate, Suryapet, who was examined as PW.8, recorded the statements of P.Ws.1 to 3 on the day on which the Test Identification Parade was conducted. In the light of the above discussion and also noticing that the petitioners, without any mercy, have committed theft in the house of P.Ws.1 and 2, who are aged persons, this Court is of the considered view that both the Courts below have rightly concluded that the petitioners are guilty of the offence punishable under Section 392 of IPC and, as such, both these revisions deserve no consideration. However, having regard to the fact that the petitioners are aged about 30 years, this Court is of the considered view that the punishment of three years Rigorous Imprisonment can be reduced to two years. In the result, the sentence of rigorous imprisonment for a period of three years, for the offence punishable under Section 392 of IPC, imposed against the petitioners in both these revisions, by the learned Judicial Magistrate of First Class, Nakrekal in C.C.No.151 of 2001 dated 25.02.2002, as confirmed by the learned IV Additional Sessions Judge, Nalgonda, in Crl.A.Nos.48 & 56 of 2002, by his judgment dated 29.01.2004, is reduced to that of two years. Except the above modification, in all other aspects the Criminal Revision Case is dismissed. _________________________ GOPALA KRISHNA TAMADA,J 15.11.2010 v v