BAGAOTHULA SWAMY Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein challenging the judgment dated 14.12.2007, passed by the VI Additional District and Sessions Judge (Fast Track Court), Nizamabad at Kamareddy, in Criminal Appeal No.72 of 2003, whereunder and whereby the conviction and sentence passed against the revision petitioner herein for the offence punishable under Section 394 of Indian Penal Code, vide the judgment dated 01.09.2003 in C.C.No.13 of 2003 by the Special Judicial First Class Magistrate for trial of Prohibition and Excise Offences, Nizamabad, was confirmed.

(2.) THE revision petitioner herein is Accused No.1 in C.C.No.13 of 2003 before the trial Court. For the sake of convenience, the parties are hereinafter referred to as they were arrayed in the C.C. before the trial Court.

(3.) THE case of the prosecution in brief is that the petitioner/A1 is resident of Bhavanipet, PWs 1 and 2 are also residents of the same village. On midnight of 9/10.10.1998 A1 and A2 went to the house of PWs 1 and 2, covering their faces with clothes and knocked the door of PWs 1 and 2 on the pretext of purchasing beedies, PW 1 replied that there were no beedies in his shop, then A1 and A2 asked him to give a match box. When PW 2 opened the door, A1 snatched gold chain from her neck. When PW 1 tried to catch hold of A2, A1 assaulted him with stick and caused injuries and bitten the hand of PW 2 and fled away. On hearing galata, PW 3 woke up and found that his door was locked from outside. On the next day morning at 9.30 a.m. PW 1 lodged a report with the police, the police registered a case and referred PWs 1 and 2 to the Government Hospital for treatment. PW 4, after examining PWs 1 and 2, issued wound certificates. The Investigating Officer took up investigation and on 14.07.1999 arrested A2 -Chinthala Sathyam in the presence of mediators and recovered gold chain from the possession of his sister basing on his confessional statement, under cover of mediators report. A1 himself surrendered before the trial Court on 01.12.1999. As per requisition of police, the learned Magistrate conducted test identification parade for A1 and A2 by PWs 1 and 2, who identified them as culprits. After completing the investigation and after receiving necessary reports, the Investigating Officer filed charge sheet into the Court for the offence punishable under Section 394 of IPC against the accused.