JALA MOHANA RAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Criminal Revision Case has been filed under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity 'the Cr.P.C') challenging the judgment dtd. 11/8/2008 in Crl.A.No.135 of 2006 on the file of the learned X Additional District and Sessions Judge (Fast Track Court), of Guntur at Narasaraopet, confirming the conviction for the offence under Sec. 409 of the Indian Penal Code, 1860 (for brevity 'the I.P.C') and sentencing the petitioner to Simple Imprisonment for two (2) years while setting aside the conviction for the offence punishable under Sec. 420 of 'the IPC.,' passed by the learned II Additional Munsiff Magistrate, Gurazala, in C.C.No.42 of 2004 vide judgment dtd. 2/3/2006.

(2.) I have heard the arguments of the learned counsel for the petitioner and learned Assistant Public Prosecutor.

(3.) Mr. S.Dilip Jaya Ram, the learned counsel for the petitioner submits that the evidence of P.Ws.1 to 3 was inconsistent with the contents of the Ex.P-1; the prosecution could not prove the ingredients under Sec. 409 of 'the IPC.,' beyond all reasonable doubt; there is inconsistency in between the evidence of P.Ws.3 and 4 vis-a-vis P.W.5. Exs.D1 to D3 was sufficient to falsify the story of the prosecution. Ex.P-2 receipt was found missing and Ex.P-4 was not in handwriting of the petitioner and urged to allow the Criminal Revision Case.