TELUGU RAMADAS 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 13.07.2007, passed by the III Additional District and Sessions Judge, (Fast Track Court), Gadwal, in Criminal Appeal No.137 of 2006, whereunder and whereby the conviction and sentence passed against the revision petitioner herein for the offences punishable under Sections 457 and 380 of the Indian Penal Code, 1860 (for short, 'I.P.C') vide the judgment dated 29.09.2006 in C.C.No.229 of 2005 by the Judicial Magistrate of First Class, Gadwal, was confirmed.

(2.) THE revision petitioner herein is the accused, whereas respondent is the complainant in C.C.No.229 of 2005 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 case of the prosecution is that on 07.07.2005 at 09:00 hours, de facto complainant/PW.1 lodged a complaint before the Police, Gadwal Town Police Station, stating that on 06.07.2005 evening he locked his house and went to Devasugur along with his family members. Thereafter, on 07.07.2005 morning at 06:30 a.m, when he returned to the house, he found that the latch and the lock attached to the door were broken and fell down, the house was ransacked, articles were fallen here and there and almyrah was open. On enquiry, he came to know that some unknown culprits ingressed into the house and stolen away one pearl chain, gold ornaments two pairs ear tops, stoned ring, stoned dollar all weighing three tolas, small silver kadas of children three pairs weighing twelve tolas and other miscellaneous articles. The said complaint was registered by the Investigating Officer -PW.6 as a case in Cr.No.68 of 2005 for the offences punishable under Sections 457 and 380 I.P.C. During the course of investigation, on 19.08.2005 the police party apprehended the accused and brought before PW.5 -Circle Inspector of Police, who recorded his confession in the presence of PW.4. The accused confessed that he committed the offence along with one Mangali Madhu and one Shaik Basha. The Investigating Officer in pursuance of the confession of the accused got recovered MOs.1 to 4 gold pearl chain, one pair ear tops, gold ring with stones and three pairs of silver rings under the cover of panchanama. Thereafter, he sent the accused to judicial remand and after completing the investigation, filed the charge sheet into the Court.