K MURALI Vs. STATE OF A P

JUDGEMENT

(1.) All these four appeals may be disposed of by a common judgment, as all of them are preferred against the judgment dated 3rd August, 1999 in SC No.333 of 1997 on the file of the learned IV Additional Metropolitan Sessions Judge, Hyderabad. A1 to A5 are the appellants in this batch of criminal appeals.

(2.) The learned Metropolitan Sessions Judge found all the appellants herein guilty of the charge punishable under Section 395 of the Indian Penal Code (for short 'the Code'), and accordingly convicted them and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.1,000/- each, in default of payment of fine, to suffer simple imprisonment for three months each. The conviction and the sentence awarded by the learned Metropolitan Sessions Judge are under challenge.

(3.) The case of the prosecution is that on 28-1-1993 at about 6-50 p.m., A1 to A4 armed with knives entered into the office of PW1 functioning under the name and style of M/s. Priya Instruments and Chemicals Limited, Raj Bhavan Road, Somajiguda, Hyderabad, and threatened PWs.1 and 2 with knives and committed theft of a gold chain, gold ring and Titan wrist watch from PW1, and a gold ring and a Citizen watch from PW2 and absconded from the scene of offence. On receipt of the complaint from PW1, the Sub-Inspector of Police, Panjagutta registered a case in Crime No.53 of 1993 under Section 392 of the Code and issued First Information Report.