ANGADI SRINIVASA RAO Vs. STATE OF AP

JUDGEMENT

(1.) This Criminal Revision Case, under Sections 307 and 401 Cr.P.C., is filed by the petitioners challenging the judgment dated 11.10.2004 passed in Crl.A.No.611 of 2001 by the VII Additional Sessions Judge, Guntur, whereby and whereunder, the learned Additional Sessions Judge confirmed the judgment dated 26.11.2001 passed in S.C.No.796 of 1998 by the Principal Assistant Sessions Judge, Guntur. The first petitioner herein (A-2) was found guilty for the offences punishable under Section 25 (1B) (a) of the Arms Act and was sentenced to suffer Rigorous Imprisonment for three years and to pay a fine of Rs.5,000/- in default, to suffer Simple Imprisonment for three months along with A-1. Similarly, the other petitioners i.e. A-3, A-5, A-7 and A-8 respectively were also found guilty for the offences punishable under Section 25 (1B) (a) R/w. Section 35 of the Arms Act and were convicted and sentenced to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.1,000/- each, in default, to suffer Simple Imprisonment for one month. Challenging the said judgment, this revision has been filed.

(2.) Originally, there were eight accused persons in total before the trail Court and since A-1, A-4 and A-6 are no more, remaining accused i.e. A-2, A-3, A-5, A-7 and A-8 filed this revision challenging the said judgment.

(3.) The brief facts of the case are as follows:- A-1 is Secretary of CPI (ML) Praja Panda Party. He was a rowdy-sheeter indulged in various criminal activities. A-2 is son of A-1 who is also a rowdy- sheeter in Nagarapalem Law and Order Police Station. A-6 to A-8 are also rowdy- sheeters. A-2 and A-8 are followers of A-1. There was a rivalry between CPI(ML) Praja Panda Party led by A-1 and CPI group led by one Kummari Koteswara Rao. The prosecution case is that on credible information that some persons were hiding in the house of A-1 with deadly weapons and explosive substances, P.W.1 - A.Ravichandra, the then SDPO, Guntur, raided the house of A-1 bearing door No.26-31-144/A of A.T.Agraharam, 5th Lane, Guntur, along with P.W.2 - Y.Brahmaiah, Circle Inspector of Police, P.W.3 - K.Ramesh Babu, Sub-Inspector of Police, and other police staff on the intervening night of 21st and 22nd June, 1995 at about 01:30 A.M. A-1 was found to be in possession of a Service Revolver with six rounds of cartridges (M.O.1), A-2 was found to be in possession of a country made revolver and five rounds of bullets (M.O.2) and A-3 to A-6 and A-8 were found to be in possession of Thalwar Knives in leather cover (M.O.3), button knife (M.O.4), G.I.Pipe (M.O.5), white plastic tin containing a bomb in cotton (M.O.6) and blue colour plastic tin containing a bomb respectively. They had no licences to carry the material objects at the time of raid. M.O.7 - Country made Revolver, M.O.8 - VIP leather zip bag were also found in the house of A-1. A slip was also found containing the description of A-1 on the side of the said VIP leather zip bag. All the incriminating material were seized under cover of police proceedings. There were no mediators at the time of conducting police proceedings and seizure of incriminating material. P.W.3 - K.Ramesh Babu, Sub-Inspector of Police, registered a case basing on the said police proceedings in Crime No.84 of 1995 under Sections 25 (c) and Section 27 of the Arms Act and Section 5 of the Explosive Substances Act, and issued FIR. P.W.2 took up investigation and made the country made bombs defused and sent the seized revolvers and cartridges to the Forensic Science Laboratory, Hyderabad, and after receiving of Ex.P.3 and Ex.P.4 reports from Forensic Science Laboratory, Hyderabad, and after completing investigation, charge-sheet was filed against all the accused.