K RAMASWAMY Vs. STATE OF A P

JUDGEMENT

(1.) These three Criminal Appeals arise out of a Judgment rendered in Sessions Case No. 33 of 1999 by the I Additional Metropolitan Sessions Judge, Hyderabad, convicting the Accused for the offence punishable under Section 395 of the Indian Penal Code, to undergo Rigorous Imprisonment for period of seven years and to pay a fine of Rs. 500/- each in default to suffer Simple Imprisonment for a period of three months and also sentenced to undergo Rigorous Imprisonment for a period of three months for the offence under Section 342 of the Indian Penal Code.

(2.) The factual matrix, that are required for consideration, can be briefly stated as follows:- On 05-10-1997 at about 2.00 a.m. namely intervening night of 04-10-1997 and 5-10-1997, Accused persons entered the premises of S.K. Agencies in Walker Town of Secunderabad, threatened the watchmen P.W. M. Sanjeev Kumar and P.W. 3 G. Ramulu showing revolver and knives to bring keys from P.W. 2, opened the grill door and broke open one of the doors inside. When the watchmen resisted the gangmen, the gangmen beat both of them, put both of them along with cleaner Venkat Naidu inside a room forcibly and bolted the room from outside. They also broke open the other door lock and taken away 2 cash chests of Godrej company containing a cash of Rs. 10.00 lakhs along with one goods auto bearing No. AP- 10T 698. At about 6.00 a.m. one Mr. Raghu of Rama Dharam Kanta, adjacent to the premises, came there to make a telephone call and on seeing him, the watchmen shouted and requested him to open the doors and they came out and told him about the incident. Mr. Man Mohan Das, Bhanwarlal and Natwar Das were informed by Murlidas about the incident, who are the partners of M/s. S.K. Agencies situated at New Boiguda. Then P.W. 1 Mr. Natwar Das rushed to the office after seeing inside the premises and missing of the articles presented a complaint Ex.P-1, which was registered as Crime No. 317 of 1997 under Section 395 of the Indian Penal Code and Ex.P-30 FIR of Chilkalguda Police Station. On 16-11-1997 at about 10.00 a.m. one Mr. Mekala Yadagiri noticed a goods auto bearing No. AP-10 T 698 at a distance of half kilometer in Nallavalli forest and also two iron boxes/chests at a distance of 10 feet from the auto. He presented a report to the Sub Inspector of Police Zinnaram, which was registered as Crime No.lllofl997 under Section 102 of the Code of Criminal Procedure, as per Ex.P-2 complaint and as per Ex.P-3 FIR. The said FIR was transferred to Chilakalguda Police Station on the point of jurisdiction. During the course of investigation, on 04-01-1998 all the Accused were arrested and some of the stolen cash and silver ornaments were recovered from their respective possession in the presence of mediators. The Inspector of Police, East Zone, Detective Department, took over the investigation and laid the charge sheet against the Accused for the offence punshable under Section 395 of the Indian Penal Code, after getting photographed the palm prints found on the properties and getting them examined by an expert and after recovering M.Os. 1 to 135.

(3.) The plea of the accused for the charges framed under Sections 395 and 343 of the Indian Penal Code is one of denial. The prosecution in all examined as many as 16 witnesses. Ex.P-1 is the complaint in Crime No. 317 of 1997 given at the earliest possible time. Ex.P-2 is another complaint lodged in Police Station, Zinnaram. Both are registered as Ex.P-30 and Ex.P-3 and investigated into. P.Ws. 2 and 3 are eye witnesses and watchmen of M/s. S.K. Agencies, who are said to have been threatened and detained in a room and thereafter P.W. 2 identified A-l as one of the accused persons among the assailants. P.W. 2 also narrated the incident that took place on the intervening night of 4/5-10-1997. He was working as watchman in S.K. Agencies since four years. According to him, on the fateful day he attended duty at 05:00 p.m. and went to his house at about 09.00 p.m. for taking dinner and returned at about 10.00 p.m. Ramulu was also doing duty from 06.00 p.m. on that day. One lorry of their company came to the office during night at about 10.00 p.m. and the cleaner Venkat Naidu went outside and returned back after taking food. He further stated that himself and Ramulu duly locked the gate and the cleaner was sleeping on the lorry parked inside the compound wall. They have locked the grill of the office from outside and chitchatted for some time there and slept near the grill. It is his version that about 02.00 a.m. on that night five persons entered their compound wall from backside and one of them cut telephone wire. On hearing the sound of cutting the telephone wire, he woke up and found one of them armed with a pistol and one person armed with a knife and also one person having a rod. They first demanded Ramulu to give keys, Ramulu said that he was not having keys and they were with him (P.W. 2). Again they asked him to give keys and when he said that he was not having keys, one of them gave blow and took the keys from his pants pocket. Then they opened the grill gate and forcibly took P.W. 2 and Ramulu inside the grill gate and made them to sit in the varandah. They closed the grill gate and thereafter they broke open the locks of the two side rooms, put himself and Ramulu in one room and bolted from outside. They searched the room for cash-chest. They again removed himself and Ramulu from the room and asked them to show the chest. When they said that they could not show the chest, again they put them in the room and confined in the room. Thereafter the cleaner who was sleeping on the lorry was also brought and put in the same room. The assailants took the keys of auto from the board and taken away two chests in that auto. It is also his version that himself and Ramulu came to know about this when they were freed on the next day. In the morning at about 6.00 a.m., one Raju, night watchman in Rama Dharmakanta came to their office for telephoning. He could see him from the window and called him and he opened the doors and they came out of the room. He has identified A-l as one of the assailants and also identified M.O. 27 rod, M.0.28 revolver and M.O. 20 knife. He has also identified M.O. 22 chest. It is also in his evidence that he could identify A-l as he used to work as Hamali in Miyapur Godown. He has seen him first time in the court after the said incident.