THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1523 of 2006 23-01-2014 BETWEEN:
Sake Ramanjaneyulu And others.
…..Appellants AND The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad.
…..Respondent THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1523 of 2006 JUDGMENT:
The Criminal Appeal is preferred by the appellants/A.2, A.3, A.5 and A.6 challenging the Judgment, dated 02.11.2006, in S.C. No.49 of 2006 passed by the Hon’ble III Additional Sessions Judge, Kurnool at Nandyal.
The case of the prosecution is as follows:-
That on 10.02.2005, when P.Ws.7, 8 and 6 stopped their lorry to have tea, A.1 requested P.W.7 armed with a plastic bag, as if he was a coolie, to allow him to travel upto Kurnool. P.W.7 agreed and that A.1 boarded the lorry. When P.W.7 started the lorry to proceed, immediately A.2 to A.6 also boarded the lorry and they were sitting in the cabin. On the way to Kurnool, when A.1 requested P.W.7 to stop the lorry to attend the calls of nature, P.W.7 slowed down the lorry and immediately A.1 picked up a knife and stabbed on the right hand of the P.W.7. A.2 took the knife from the hands of A.1 and stabbed P.W.7, and when P.W.6 interfered, they bet P.W.6 also, and later they took the cash from the lorry cabin and all the accused fled away with the booty. Basing on the complaint of P.W.6, police registered a case against the accused and arrested the accused and recovered the booty that was robbed from P.Ws.6 and 7 along with the weapons that were used to beat them. In the test identification parade, all the accused were identified by P.Ws.6, 7 and 8. After completion of the investigation, charge sheet was filed.
A.1 died and the case against A.1 was abated on 30.11.2005. The case against A.4 was split up as per the orders of the trial Court on 13.09.2006.
To prove the guilt of the accused, the prosecution examined P.Ws.1 to 10 and marked Exs.P.1 to P.9 and M.Os.1 to 7. No oral or documentary evidence was adduced on behalf of the accused.
On appreciation of oral and documentary evidence, the trial Court found the appellants/A.2, A.3, A.5 and A.6 not guilty for the offences under Sections 397 and 412 IPC and accordingly acquitted the appellants/A.2, A.3, A.5 and A.6 of the said charges. However, the trial Court found the appellants/A.2, A.3, A.5 and A.6 guilty for the offence under Section 395 IPC and accordingly convicted and sentenced them to suffer rigorous imprisonment for a period of two years each and also to pay a fine of Rs.100/- (Rupees one hundred only) each, in default to suffer rigorous imprisonment for one month each. Aggrieved by the same, the appellants/A.2, A.3, A.5 and A.6 preferred the present criminal appeal.
Heard the learned counsel for the appellants/A.2, A.3, A.5 and A.6 and the learned Public Prosecutor, and perused the record.
After perusing the entire record and hearing the arguments on both sides, and also the allegations made against the appellants/accused, this Court is of the view that the trial Court has appreciated the evidence in proper perspective, more particularly, the evidence of P.Ws.6 and 7, who are injured and the independent witnesses. P.Ws.6 and 7 deposed before the Court that they saw the occurrence and they have identified the appellants/accused not only in the test identification parade but also in the Court. The evidence of P.W.4, who conducted test identification parade, corroborates the evidence of P.Ws.6 and 7 with respect to identification of the accused. The property looted has been recovered from the accused. Considering the findings recorded by the trial Court and the evidence on record, this Court is of the view that the trial Court has correctly convicted the appellants/A.2, A.3, A.5 and A.6 for the offence under Section 395 IPC, and the Judgment of the trial Court does not warrant any interference.
When this Court expresses its opinion that there are no reasons to interfere with the Judgment of the trial Court with regard to the conviction against the appellants/A.2, A.3, A.5 and A.6 for the offence under Section 395 IPC, the learned counsel for the appellants/A.2, A.3, A.5 and A.6 prays this Court to show leniency while imposing the sentence of imprisonment, as the accused are the only bread winners and they have to look after their respective families. Considering the said submission and also taking into consideration the age of the accused at the time of commission of offence, this Court is of the view that some leniency may be shown while imposing sentence of imprisonment.
In the result, the conviction recorded by the trial Court against the appellants/A.2, A.3, A.5 and A.6 for the offence under Section 395 IPC is hereby confirmed. However, the sentence of imprisonment imposed by the trial Court is reduced to that of one year rigorous imprisonment, while confirming the sentence of fine and default condition stipulated thereunder.
The period already undergone by the appellants/A.2, A.3, A.5 and A.6 shall be set off.
The appellants/A.2, A.3, A.5 and A.6 are directed to surrender before the Court concerned on or before 30th March, 2014. In default, the Court concerned shall proceed in accordance with law.
The criminal appeal is accordingly partly allowed. Consequently, the miscellaneous petitions, if any pending in this appeal, shall stand closed.
JUSTICE RAJA ELANGO 23.01.2014 pln