M PENTU Vs. STATE OF A P REP

JUDGEMENT

(1.) A3 and A4 preferred Criminal Appeal No.1217 of 1999 as against the judgment dated 09-06-1999 in Sessions Case No.5 of 1996 on the file of the II Additional Sessions Judge at Warangal. Whereas, A2 and A3 preferred Criminal Appeal No.1218 of 1999 as against the judgment dated 09-06-1999 in Sessions Case No.12 of 1997 on the file of the II Additional Sessions Judge at Warangal. As the appellants in both the criminal appeals are one and the same, both the matter are being disposed of by a common judgment.

(2.) The appellants and two others were charged for the offence under Section 395 IPC in Sessions Case No.5 of 1996 and were convicted under Section 412 IPC. The case of the prosecution is that on the intervening night of 30-4-1995/01-05-1995 at about 2 hours, at Pragathi Industrial Area in the outskirts of Sthambhampalli village, the accused gained entrance into the house of L.W.1-Md. Sharif by removing the window and threatened the inmates with dire consequences at the point of deadly weapons and decamped with gold and silver ornaments and net cash, all worth Rs.9,000/-. On the complaint of L.W.1-Md. Sharif before the Police, Geesgonda, L.W.12-S.I. of Police of Geesgonda registered a case in Cr.No.45 of 1995 for the offence under Section 395 IPC and investigated into the case. During the course of investigation, the scene of offence was visited, a panchanama was drafted in the presence of panchas, witnesses were examined and the scene of offence sketch was drafted. The accused were arrested on 07-09-1995 and in the presence of mediators they were interrogated and from their possession the valuables involved in this offence were seized and later the accused were subjected to test identification parade on 21-10-1995. The test identification of properties was held wherein the witnesses identified their respective properties. After completion of investigation, the charge sheet was filed.

(3.) On behalf of the prosecution, P.Ws.1 to 10 were examined and Exs.P1 to P8 and M.Os.1 to 4 were marked. On behalf of accused, D.W.1 was examined and Exs.D1 to D4 were marked. P.W.1-the de facto complainant deposed that on the said night when all the family members were sleeping inside the house, about eight culprits gained entrance into his house by breaking open the grills of a window on the rear side of the house. On hearing the sound, they woke up. The culprits armed with sticks and knives threatened them with dire consequences The culprits seized one pearl necklace, a pair of god ear studs and wristwatch from his mother. They also seized a pair of gold ear studs, silver necklace from his wife. Then the culprits opened the almyrah and robbed five gold rings belonging to his children, cash of Rs.2000/- and silver items. They spent about one hour in their house. On the next day morning he gave report Ex.P1 to the police. This witness also deposed about his identification of A1 and A2 and also M.O.1. P.W.2 is the wife of P.W.1., who had corroborated P.W.1 in all material particulars. P.W.3 is the witness in relation to the observation of scene of offence. Ex.P2 is the observation panchanama.