THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL Nos.642 of 2009 24-04-2014 BETWEEN:
Telaga Pamula Cherukuri Narayana …..Appellant/A.4 AND State of A.P., Rep. by the Public Prosecutor, High Court of A.P., Hyderabad.
…..Respondent THIS COURT MADE THE FOLLOWING JUDGMENT: THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.642 OF 2009 JUDGMENT:
The Criminal Appeal is preferred by appellant/A.4 against the Judgment dated 17.04.2009 passed in S.C. No.506 of 2008 by the Court of the III Additional Sessions Judge, Kurnool at Nandhyal, whereby the learned Judge convicted the appellant/A.4 for the offence under Section 395 IPC and accordingly sentenced him to suffer rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,000/- (Rupees one thousand only), in default to suffer simple imprisonment for a period of two months.
The case of the prosecution is as follows:
That on 28-08-2005 at about 3.00 a.m., some unknown offenders entered into the house of P.W.1 by scaling over the compound wall and disclosed them as naxalites and demanded P.W.1, P.W.2 and others to open the door and as they did not open the doors, they brought P.W.3 and another who are their neighbours and at the point of sickles, threatened to kill them and then P.W.1 opened the door and three of the offenders entered into the house, made all of them to stand in a row in the verandah and snatched their gold ornaments and the remaining three culprits went into the house, opened the almirahs and committed theft of gold ornaments totally weighing 49 tulas worth Rs.2,20,000/- and fled away. Basing on the complaint lodged by P.W.1, police registered the case against A1 to A9 and took up investigation. After completion of the investigation, charge sheet was filed.
To substantiate the case of the prosecution, during the course of trial, P.Ws.1 to 10 were examined and Exs.P.1 to P.14 and M.Os.1 to 6 were marked. No oral or documentary evidence was adduced on behalf of the accused.
On appreciation of oral and documentary evidence, the trial Court found the appellant/A.4 guilty for the offence under Section 395 IPC and convicted and sentenced him as stated above. Aggrieved by the same, the present appeal is preferred.
Heard and perused the material available on record.
After evaluating and examining the material available on record and considering the submissions of the learned counsel for both the parties, this Court is of the view that there are no special or adequate reasons, warranting interference by this Court with the Judgment passed by the trial Court.
At this stage, the learned counsel for the appellant/A.4 confines his arguments with regard to quantum of sentence, and submits that ever since the date of arrest in 2005, the appellant/A.4 has been in prison.
He further submits that as the appellant/A.4 is aged about 25 years and he is the only breadwinner in his family, and as he served substantial period in prison, lenient view may be taken by this Court while imposing sentence of imprisonment.
Considering the submissions made by the learned counsel for the appellant/A.4 and the nature of offence, and also as the appellant has served substantial period in prison, this Court is inclined to take a lenient view.
The conviction recorded against the appellant herein/accused No.4 by the Court of the III Additional Sessions Judge, Kurnool at Nandhyal, in S.C.No.506 of 2008, by Judgment dated 17.04.2009, for the offence under Section 395 IPC is hereby confirmed. However, the sentence of imprisonment imposed by the Court below is modified and reduced to eight (8) years. The amount of fine and default condition, imposed by the Court below is not interfered with.
The appellant herein/accused No.4 shall be released from the prison if he has served the period of eight years in prison, and if he is not required in any other crime.
The period already undergone by the appellant/accused No.4 shall be given set off.
The Criminal Appeal is accordingly partly allowed. Consequently, Miscellaneous petitions pending, if any, stand dismissed.
JUSTICE RAJA ELANGO 24.04.2014 pln