GUDELA RAMESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners were tried for the offence under Section 411 of IPC by the Court of the V Metropolitan Magistrate, Visakhapatnam, in C.C.No. 587 of 1999.

(2.) It was the case of the prosecution that P.W. 1 submitted a complaint on 11-10-1998 that his Hero Honda Motor Cycle, which was parked at Hotel Daspalla, Visakhapatnam, was stolen on 10-10-1998. P.W. 2, the Sub-Inspector of Police, IV Town Police Station, was reported to have conducting night patrolling on the early hours of 21-10-1998 and whenhe came across the petitioners riding an unnumbered motor cycle, he stopped them. The petitioners are said to have confessed that they have stolen the motorcycle from Daspalla Hotel. Charge sheet was filed against the petitioners in the trial Court. In the trial, the owner of the vehicle and complainant was examined as P.W. 1, SI of Police, who had alleged to recover the motorcycle from the petitioners, was examined as P.W. 2 and the Investigating Officer was examined as P.W. 3. The Complaint is marked as Ex.P-1, Occurrence Report prepared by P.W. 2 is marked as Ex.P-2 and FIR is marked as Ex.P-3. The trial Court found that the charge against the petitioners was proved and accordingly convicted them for the offence under Section 411 of IPC and imposed the sentence of simple imprisonment for five months.

(3.) The petitioners carried the matter in appeal by filing Crl.A.No. 105 of 1999 on the file of the I Additional Metropolitan Sessions Judge, Visakhapatnam. The lower appellate Court while upholding the conviction reduced the sentence from five months to two months. The petitioners challenge the same in this CrLR.C.