THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1250 of 2011 16-12-2014 BETWEEN:
Sri Pathiwada Ganesh And another.
AND …..Appellants/A.1 and A.2 State of Andhra Pradesh by Public Prosecutor, High Court of Judicature at Hyderabad For the State of Telangana and the State of Andhra Pradesh.
…..Respondent THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1250 of 2011 JUDGMENT:
The Criminal Appeal is preferred by the appellants/A.1 and A.2 challenging the Judgment, dated 10.11.2011, in S.C. No.187 of 2010 passed by the II Additional Sessions Judge, East Godavari District, at Amalapuram, whereby the learned Judge found the appellants/A.1 and A.2 guilty for the offences under Sections 454, 457 and 380 IPC and accordingly convicted and sentenced them to suffer rigorous imprisonment for a period of five years each and to pay a fine of Rs.1,000/- (Rupees one thousand only) each, in default, to undergo rigorous imprisonment for a period of two months each for each offence; and also found A.1 to A.3 guilty for the offences under Sections 411 and 414 IPC and accordingly convicted and sentenced them to suffer rigorous imprisonment for a period of three years each and to pay a fine of Rs.1,000/- (Rupees one thousand only) each, in default, to undergo rigorous imprisonment for a period of two months each for each offence.
The case of the prosecution is as follows:-
That on the night of 28.12.2009 some unknown offenders gained entrance into the house of L.W.1 and committed theft of gold and silver ornaments. Therefore, a case was registered. During the course of investigation, the Inspector of Police arrested A.1 to A.3 and that A.1 and A.2 voluntarily confessed the offence and A.3 having knowledge and dealing with disposal of stolen property and basing on their confession, the Inspector of Police, Razole seized the stolen property under the cover of mediators report. On completion of the investigation, charge sheet was filed against the accused.
The trial Court found the found the appellants/A.1 and A.2 guilty for the offences under Sections 454, 457 and 380 IPC and also found A.1 to A.3 guilty for the offences under Sections 411 and 414 IPC and accordingly convicted and sentenced them as stated above. Aggrieved by the same, the present appeal is preferred by them.
Heard and perused the material available on record.
On perusing the record, it is evident that after the accused pleaded guilty, the trial Court convicted and passed an order of sentence. Once the order of conviction and sentence is passed by the trial Court on the basis of the guilty pleaded by the accused, the accused may advance his arguments only with regard to quantum of sentence. Hence, the learned counsel for the appellants/A.1 and A.2 confined his arguments with regard to quantum of sentence, and submits that as the appellants/A.1 and A.2 are the only breadwinners in their families and considering the age of the appellants as 20 and 28 years respectively; lenient view may be taken by this Court while imposing sentence of imprisonment.
Considering the submissions made by the learned counsel for the appellants/A.1 and A.2 and the nature of offence and also considering the age of the accused, and also in view of long lapse of time, this Court is inclined to take a lenient view.
In the result, the conviction recorded against the appellants/A.1 and A.2 by the II Additional Sessions Judge, East Godavari, at Amalapuram in S.C.No.187 of 2010 for the offences under Sections 454, 457, 380, 411 and 414 IPC are hereby confirmed, but the sentences of imprisonment as imposed by the Court below are hereby modified and reduced to a period, which the appellants/A.1 and A.2 have already undergone. The bail bonds shall stand cancelled and the sureties stand discharged. The fine amount, if any, is not interfered with by this Court.
The appellants/A.1 and A.2 shall be released forthwith, if they are not required in any other crime.
The Criminal Appeal is accordingly partly allowed. Miscellaneous petitions, if any, pending in this Appeal, shall stand dismissed.
JUSTICE RAJA ELANGO 16.12.2014 pln