DAVULAYYA Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal revision case is directed against the judgment of the of the learned Additional Metropolitan Sessions Judge for trial of Communal offence cases, Hyderabad rendered in Crl, Appeal No.452 of 1999 dated 17.7.2000, confirming the conviction and sentence imposed against the revision petitioner-accused No.3 by the XIV Metropolitan Magistrate, Hyderabad in CC No. 220 of 1996.

(2.) The case of the prosecution is that PWs.l and 6 who are the constables of P.S. Chatrinaka, Hyderabad were on patrolling duty on 19.1.1994 apprehended the revision petitioner-accused No.3 and two others while they were trying to dispose off the property i.e. the man - hole covers to PW.3. There upon a case in Crime No.5 of 1994 was registered under section 41, and 102 of Cr.P.C. and the said property was seized from the accused in the presence of mediators. Thereafter, an Engineer of the Water Works Department lodged Ex.Pl complaint reporting the loss of two man-holes from Aliabad and Laxminagar areas. Thereafter, the charge sheet was filed against all the accused under Section 379 IPC.

(3.) On appearance of the accused, a charge under Section 411 IPC was framed against them. The revision petitioner A3 pleaded not guilty and claimed to be tried, while A2 is said to have pleaded guilty and the case against A1 has been split-up.