NATWAR SINGH SAMPARSI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Criminal Appeal No. 719/89 is filed by A-1, A, 3 A, 4 and A, 6. Criminal Appeal No. 935/89 is filed by A 5 and Criminal Appeal No. 879/90 is filed by A 2. All the three appeals are filed against the judgment of the III Additional Metropolitan Sessions Judge Cum Special Judge for trial of cases under Essential Commodities Act in S C No. 171/88, convicting A 1 to A 6 for the offence under Section 395 IPC and sentencing each of them to undergo R I for seven years.

(2.) The facts of the case as deposed to by material witnesses of the prosecution are ; The appellants along with A-7 and A-8 said to be residents of Budan village of Ponna Rural District of Maharashtra, on the intervening night of 9/10-11-1986 committed dacoity in the tea stall-cum-residence of P W 1, N. Sathaiah, situated near bus-stand, of Kanapur village, Rangareddy district. The accused broke open the doors of that house and snatched away a gold chain of beads type, one piece of silver anklet and gold-ear-stud without screw from P W 4. Thereafter they went 1o the house of PW3, broke open the doors and took away a HMT watch, MO4, MO5. pair of gold ear studs and MO6, Gold nose stick and MO7 pair of silver anklets. On receipt of information, the Sub-Inspector of Police visited the scene of offence and registered a case in Cr No. 93 / 1986 under Sec. 395 IPC. During the course of investigation A 1 to A 7 were apprehended near a tank in the limits of Shamshi-guda village on 27-1-1987. They were interrogated individually and in the presence of panchayatdars P Ws 7 and 8 they made confessional statements, Exs. P 2 to Ex. P 7. In pursuance of the said confessional statements, the accused took the mediators and the Investigating Officer to the place where they had hidden the articles and they were recovered in the presence of panch witness, P W 8, and Exs. P 8 to P 13 are the admissible portions in the recovery panchanama. Thereafter a requisition was given to the Magistrate, PW9 to hold identification parade. Ex. P 15 is the identification proceedings conducted by the Magistrate. After completion of the investigation, the charge sheet was filed.

(3.) The Court below after considering the entire evidence on record, found that the prosecution has proved that the appellants had committed the dacoity in the houses of P Ws 1 and 3; that the stolen articles in the dacoity were recovered at the instance of the accused and that the accused were identified in the identification parade by the witnesses. The Court taking into consideration the above facts, convicted the appellants under Section 395 and sentenced each of them to undergo R I for a period of seven years.