KAKARALA RAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) All the Criminal Revision Cases have been preferred against the concurrent finding of learned Courts below, whereby, the Trial Court convicted the present Petitioners for an offence punishable under Ss. 397, 342 and 506 of Indian Penal Code, sentencing them to undergo Rigorous Imprisonment for 7 years.

(2.) Learned counsel appearing on behalf of the Petitioners submits that the finding and observations of the learned Courts below are illegal and improper. He further submits that the ingredients of an offence of dacoity requires that 5 or more persons, to conjointly commit or attempted to commit theft or robbery. He further submits the term "conjoint commission of offence" by the Petitioners is missing in the Charge Sheet. He further submits that the Investigating Agency has callously submitted a charge sheet by citing Petitioners as Accused persons in a common case of decoity. He further submitted that it would appear from the prosecution case that Test Identification parade of instant case was done after long 15 days of incident. The prosecution has no explanation why such inordinate delay caused to conduct Test Identification parade. Moreover, Accused No.5 was not identified in such Test Identification parade.

(3.) Learned counsel for the Petitioners further submits that PWs 1 to 11 were examined on behalf of the prosecution, but none of them has stated regarding alleged 'conjoint action' of the Petitioners to commit an offence of decoity. He further submits that particular facts of the prosecution case suggested that all the Accused persons were entered into a lorry and bound the lorry driver (A1) and its helper (A2) by some rope and also gagged some cloths inside their mouth, in this particular case, the Police have not seized any rope or cloths from the scene of offence to justify the prosecution case.