IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE TWENTYFIRST DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No. 1432 OF 2005 Between” Pastam Sailu & 2-Ors. … Appellants-Accused V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad. … Respondent- Complainant Counsel for the Appellant : Sri D. Kodanda Rami Reddy Counsel for the Respondent: Addl.Public Prosecutor The Court made the following : Judgment (follows from 2nd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO. 1432 OF 2005 JUDGMENT : This Criminal Appeal is filed against the Judgment dated 28-7-2004 passed in SC.No. 57 of 2003 by the Assistant Sessions Judge, Sircilla, Karimnagar district, whereby and whereunder the appellants were found guilty for an offence punishable under section 395 of IPC and they were convicted under section 235 (2) Cr.P.C. and sentenced to undergo Rigorous Imprisonment for ten years and to pay a fine of Rs.1000/- each, in default to suffer three months simple imprisonment. 2. The prosecution case is that on 12-9-2001 in the night as usual after the night dinner the defacto complainant retired to bed. In the midnight six unknown persons came to their house and tapped the doors of his house claiming that they are “Annalu”, and asked him to open the doors. When he did not open the door, they forcibly got opened through LW-3 and robbed the wife of LW-3 of her gold gundlu and ennalu weighing 1 tula, gold ear flowers weighing ½ tula. The culprits also threatened them to kill him if the doors are not opened. When he opened the doors they entered into the house and beat him and his wife and robbed his wife of her gold pusthela thadu weighing about 2 ½ tulas of gold ear flowers weighing ½ tula and one gold ring weighing ½ tula and then they searched the house and out of plastic gunny bag they took out gold golusu weighing 1 tula when they threatened LW-5 and entered in his house and robbed his wife of her gold gundlu weighing 1 tula, silver mattelu weighing 5 tulas. Then put them all inside in a room chained the doors from outside and left the place with booty. On the next day morning he came to know that the offenders went to the wife of LW-7 and robbed the wife and daughter- in-law of LW-7 of their gundlu, weighing ½ tula, chain weighing 1 tula, ear flowers, silver leg kada, silver anklets and fled away. The offenders six in numbers from whom five members were on lungis and shirts and one of them was wearing pant and shirt and all of them were in the age group of 30 to 35 years speaking local Telugu. The offenders robbed gold ornaments weighing 9 tulas and silver 55 tulas and all worth of Rs.40,000/-. On the basis of the complaint, the police registered a case in Cr.No.152/2001 for the offence under section 395 of IPC and recorded the statement of LW-1 and issued FIR. The Inspector of Police took up investigation, visited the scene of offence, drawn rough sketch of the scene of crime in the presence of panchas and recorded their statements. On 18-1-2002 A-1 to A-4 were arrested and interrogated in the presence of witnesses and recovered the stolen property and produced them before the Judicial Magistrate of First Class for judicial custody. The Inspector of Police also filed requisition before the Special Judicial Magistrate of First Class, Karimnagar to conduct test identification parade. On the said requisition, the learned Magistrate conducted test identification parade on 16-3-2002 at District Jail, Karimnagar. During the course of Test Identification Parade LW-2 identified A2 and A-4. After completion of investigation, the police filed charge sheet. 3. The learned Judicial Magistrate of First Class, Sircilla has taken the case on file and complied the formalities as contemplated under section 207 Cr.P.C. and committed the case to the Court of Session, as the offence under section 395 IPC is exclusively triable by the Court of Session. 4. The learned Sessions Judge, Karimnagar had made over the case to the Court of Assistant Sessions Judge, Sircilla for disposal according to law. 5. On appearance of A-1 to A-4, the learned trial Judge examined A-1 to A-4 alleging the substance of accusation. A-1 to A-4 denied the same. Charge under section 395 IPC was framed, read over and explained to them in Telugu, for which A-1 to A-4 pleaded not guilty and claimed to be tried. 6. To substantiate its case, the prosecution examined PWs 1 to 14 and got marked Exs.P1 to P9 and MOs-1 to 9. A-1 to A-4 did not adduce any oral and documentary evidence on their behalf. 7. After closure of the prosecution evidence, A-1 to A-4 were examined under section 313 Cr.P.C., for the incriminating evidence appearing against them. A-1 to A-4 stated that all the evidence of prosecution witnesses is not correct and they were falsely implicated in this case. 8. On appreciation of the oral and documentary evidence placed on record, the learned trial Judge found A-1 to A-4 guilty for an offence punishable under section 395 of IPC and they were convicted under section 235 (2) Cr.P.C. and sentenced to undergo Rigorous Imprisonment for ten years and to pay a fine of Rs.1000/- each, in default to suffer three months simple imprisonment. Aggrieved thereby, the present Criminal Appeal is filed by A-2, A-3 and A-4. 9. Heard the learned counsel for the appellants-A2, A-3 and A-4 as well as the learned Additional Public Prosecutor representing the State. Perused the oral and documentary evidence placed on record. 10. Admittedly, the appellants were arrested on 18-1-2002 and ever since from the date of arrest, the appellants are in prison. 11. On perusal of the evidence, it appears that PWs 1 to 7 are the witnesses, who supported the case of prosecution and they stated that A-1 to A-4 along with some others came and knocked the door saying “Annalu” and when they opened the door all the accused armed with sticks and knives have beat them and committed dacoity in their respective houses. During the test identification parade, PWs.1, 3, 4 and 7 have identified A-1 to A-4, while PW-2 identified A- 1 and A-3 and PW-6 identified A-1 to A-3. Therefore, the learned trial Judge has taken into consideration the evidence adduced by the prosecution and found A-1 to A-4 guilty for the offence punishable under section 395 IPC and convicted and sentenced them to undergo Rigorous Imprisonment for ten years and to pay a fine of Rs.1000/- each, in default to suffer three months simple imprisonment. In appeal, this Court perused the entire evidence adduced by the prosecution and as well as the cross-examination of the witnesses. Viewed from any angle, there are no reasonable grounds to interfere with the conviction recorded by the learned trial Judge. Admittedly, the appellants are more than eight years in prison. 12. After arguing the matter for considerable time, the learned counsel for the appellants confines his argument only with regard to the quantum of sentence and prayed mercy of this Court. 13. Having regard to the submissions made by the learned counsel for the appellants and taking into consideration the long duration of detention of the appellants in prison, this Court is of the view that the ends of justice would be met if the sentence of ten years Rigorous Imprisonment imposed by the learned trial Judge can be modified and reduced to the period already undergone by the appellants-A2, A3 and A4. 14. While confirming the conviction inflicted by the learned Assistant Sessions Judge, Sircilla, Karimnagar district, in SC.No.57 of 2003, dated 28-7-2004, the sentence of Rigorous Imprisonment for a period of ten years as imposed against A2, A3 and A4 is modified and reduced to the period already undergone by them. The fine imposed by the trial Court shall remain unaltered. The appellants-A2, A3 and A4 can be set at liberty, if they are not required in any other case. 15. Subject to the above modification in the sentence, the Criminal Appeal fails and the same is accordingly dismissed. _______________________ JUSTICE RAJA ELANGO. 21-12-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No. 1432 OF 2005 Circulation No. Computer No. 43 Court Master : I s L Date: 21-12-2010