THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1784 of 2007 JUDGMENT: The appellants herein-A-1, A-2 and A-4, were tried by the Assistant Sessions Judge, Huzurabad, in S.C.No.841 of 2004 for the offence punishable under Section 397 of Indian Penal Code. During the course of trial, on behalf of the prosecution, P.Ws.1 to 11 were examined and Exs.P-1 to P-7 were marked, besides M.Os.1 to 6. On behalf of the accused, neither oral nor documentary evidence was adduced. The learned Sessions Judge having analysed the entire evidence on record, by his judgment, dated, 09.01.2006, found the accused guilty of the said offence and accordingly, sentenced them to suffer rigorous imprisonment for a period of ten years each and to pay a fine of Rs.200/- each, in default to suffer rigorous imprisonment for a period of three months each. Hence, the present Criminal Appeal. The case of the prosecution in brief is that on 25.08.2003 at about 3.30 hours P.W-1 lodged a complaint stating that on 24.08.2003, in the morning he along with his wife went to their relatives house at Hyderabad and returned to their another house at Hanamkonda on the same day evening at 7.30 hours and returned to Bheemadevarapally by 11 pm., and locked the middle iron grill door and slept. On 25.08.2003 at about 1.30 am., five unknown persons, who are in the age group of 25 to 30 years wearing cut drawers, broke open the lock and entered into the house and woke up the de fact complainant and his wife and posed themselves as Naxalites. Among them one person covered his face with cloth and the culprits threatened them with sticks, axe and knife and stabbed the de facto complainant with knife on left hand and caused bleeding injury and they robbed some gold ornaments, Motorola cell, one Aptonica Company tape recorder, while two unknown persons guarded in front of the house by taking the servant into custody. On the strength of the said complaint, a case in Crime No.67 of 2003 was registered and during the course of investigation, A-1 to A-5 were arrested, who on interrogation voluntarily confessed to have committed the offence in this crime in the company of A-6 and A-7 and that in pursuance of their confessional statements, the stolen gold ornaments were seized from their possession. Later, in the identification parade conducted on 06.10.2004, the de facto complainant recognized them as that of his articles. Hence, the charge sheet against the appellants-accused for the offence punishable under Section 397 IPC. When the matter is taken up for hearing, Smt A.Gayatri Reddy, learned counsel for the appellants fairly conceded that it is not a fit case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the appellants have been in jail for more than seven years as of today. Heard the learned Public Prosecutor appearing for the respondent-State. In the light of the said submission of the learned counsel for the appellant, this Court looked into the record. Apparently, the appellants were arrested on 07.10.2003 and ever since then they are in jail. Having regard to the fact that the sentence of imprisonment imposed by the Court below on the appellants-accused is rigorous imprisonment for a period of ten years and the appellants have been in jail for the last more than seven years, this Court is of the view that the said sentence of rigorous imprisonment of ten years imposed on the appellants by the Court below can be reduced to that of the period already undergone by them. Accordingly, the sentence of rigorous imprisonment of ten years imposed on the appellants by the Assistant Sessions Judge, Huzurabad, in Sessions Case No.841 of 2004, by his judgment, dated 09.01.2006, is reduced to that of the period already undergone by them, while maintaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Appeal stands dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 09th November 2010 DR