BANDAMEDI SHANKAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These Criminal Appeals are filed against the judgments of the Courts of Sessions Division of Karimnagar in several Sessions Cases tried for offences under Sections 395, 396, 399, 400 and 402 of Indian Penal Code (IPC). Inasmuch as many of the appellants figured as accused in several cases and since common questions of fact and law arise, the appeals are disposed of through common judgment.

(2.) The offences of dacoity alleged against the appellants-accused were spread over a period and the incidents took place in several district. As and how the information poured in and investigations proceeded, the trial Court had taken up and proceeded with the cases. Some of the sessions cases were clubbed and common judgments were rendered therein.

(3.) In S. C. No. 456/91, A-1 to A-6 were tried for offences under Section 395, IPC. It is the case of the prosecution that on the intervening night of 30th November and 1/12/1993, the accused went to Kalamadugu village in a jeep armed with knives and sticks and stopped the same in front of the house of PW-2. They wanted PW-2 to open the door by declaring that they are Police and came to verify whether PW-2 was providing any food to the Naxalites. PW-2 opened the door. Four of the accused dragged him towards the jeep and threatened him to hand over the golden oraments. When he did not comply with the same, they went into the house, searched his Kirana shop, threatened his wife-PW-3 and took away the golden ornaments weighing about 50 grams, a wrist watch and other items worth about Rs. 17,500/-. Thereafter they took PW-2 with them and asked him to show the houses of PWs-5, 6, 7 and 8. At each of the houses, they have committed similar dacoity by threatening the inmates of the houses. A night halt bus of APSRTC was parked near the Gram Panchayat Office. They threatened the Conductor who was sleeping therein and took away the cash of Rs. 567/-. Complaint was submitted in the morning.