R LAXMAN Vs. STATE OF A P

JUDGEMENT

(1.) These three criminal appeals arise against the judgment in Sessions Case No.452/1998 rendered by Assistant Sessions Judge, Jagtial on 16-4-1999 convicting Al, A2 and A4 and sentencing them to rigorous imprisonment for 8 years and to pay a fine of Rs.50.00 in default simple imprisonment for one month for the offence under Section 395 IPC.

(2.) The case of the prosecution is that on 13-4-1997, PW1- Gurijala ChinnaRajam went to Metpally, collected due amount of Rs.20,000/- from Grain Market of Metpally towards turmeric, which he sold earlier and returned to his house in Raghavapet by evening. He kept the amount in his house in almirah and locked it. He slept with his family members in the front Varandha, while his son slept in the rear yard. The main doors were only bolted from out side. At about mid-night some unknown offenders entered into Varandha of his house by scaling over the front compound wall. They woke him up and threatened by saying 'Annalu' and questioned him ate to why he was selling wine. They took him into the house, got opened the doors and searched the house and got opened almirah and stole Rs.20,000/- from it and took him up to 200 yards towards Mallapur side on pretext of meeting dalam leader. On 14-4-1997 at 4.p.m. a report was received from PW1, which was registered by the S.H.O. P.S. Mallapur. On the same day PW4 took up investigation of the case. On 6-6-1997 Al to A5 were arrested at Yousufnagar cross roads and Gundampally Village and were interrogated and stolen cash of Rs. 15,000.00 was recovered. Rs. 10,000.00 was recovered from A2 and Rs.5,000.00 was recovered from A5. P.W.5 conducted test identification parade on Al to A5 on 5-7-1997 at District Jail, Karimnagar where PW1 identified Al to A5. Thereafter accused have been charge- sheeted for the offence under Section 395 IPC. The accused pleaded not guilty for the charge under Section 395 IPC. Prosecution in all examined nine witnesses.

(3.) PW1 is the complainant who spoke about the incident, which occurred during the summer of 1997 around midnight. Five dacoits entered forcibly into his house by jumping over the compound wall claiming to be the extremists and taken away cash of Rs.20,000.00 from his house, which was kept in almirah. He also deposes that accused searched for whisky bottle and picked up the money from the almirah. He further stated that his wife saw the culprits taking the money. The culprits did not touch the jewellery of his wife. He also speaks about his participation in the test identification parade and identifying Al to A5. He states that A3 now present in the Court was among the culprits who committed the offence. He also identified A2 present in the Court who committed the offence, and whom he identified in the test identification parade conducted at the District Jail, Karimnagar.