BANDEVAPURAM APPA RAO 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 08.02.2008, passed by the I Additional District and Sessions Judge, Vizianagaram, in Criminal Appeal No.81 of 2003, whereunder and whereby the conviction and sentence passed against the revision petitioner herein for the offence punishable under Section 411 of the Indian Penal Code, 1860 (for short, 'I.P.C') vide the judgment dated 03.07.2003 in C.C.No.36 of 2002 by the Additional Judicial Magistrate of First Class, Vizianagaram, is confirmed.

(2.) THE revision petitioner herein is the accused, whereas respondent is the complainant in C.C.No.36 of 2002 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the C.C before the trial Court.

(3.) THE brief case of prosecution is that PW.2, who is the de facto complainant, gave a complaint to the police, I Town Police Station, Vizianagaram, stating that on 06/07.01.2002 at 02:00 hours, some unknown offenders committed theft of his blue colour Hero Honda Passion motorcycle, while it was parked in front of Polyester House Shop of Vizianagaram. The watchman of the said shop -PW.1 informed about the theft of the vehicle to him. After receiving the complaint, police registered the case in Cr.No.3 of 2002 for the offence punishable under Section 379 I.P.C and during the course of investigation, recorded the statements of PWs.1 to 3. Thereafter, on 11.01.2002 at 01:30 p.m, the police arrested the accused and also seized the stolen motorcycle from his possession in the presence of mediators, at the outskirts of Dharmapuri, Vizianagaram. While investigating the said crime, the accused confessed about committing the offence along with another offence in Cr.No.21 of 2001 and the police also recovered another motorcycle from the mechanic shop of PW.3 in that crime. After completing the investigation, police filed the charge sheet against the accused into the Court for the offence punishable under Section 379 or 411 I.P.C.