THANEERU VENKATA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) The two Criminal Revision Cases are heard and disposed of by this Common Order inasmuch as the Calendar Case against the three petitioners is one and the same.

(2.) Crl.R.C.Nos.2063 and 2036 of 2009 have been preferred under Ss. 397 and 401 of Code of Criminal Procedure, 1973 (for brevity 'the Cr.P.C'), challenging judgment dtd. 24/11/2009 in Crl.A.Nos.106 and 137 of 2009 on the file of the learned XI Additional District Judge (Fast Track Court), Guntur at Tenali, altering the conviction from Sec. 379 of 'the IPC.,' to Sec. 411 of 'the IPC', while maintaining the sentence of imprisonment and fine, imposed by the judgment dtd. 17/3/2009 in C.C.No.65 of 2006 passed by the learned Additional Junior Civil Judge, Repalle, whereby and whereunder the petitioners in the two Criminal Revisions Cases were found guilty for offence under Sec. 379 of the Indian Penal Code, 1860 (for short 'the I.P.C') and sentenced them to undergo Simple Imprisonment for a period of six (06) months and to pay a fine of Rs.500.00 each.

(3.) Sri. Ramakrishna Akurathi, learned counsel, representing Sri. Sreekanth Reddy Ambati, and Sri Ch. Ravindra Babu, the learned counsels for the petitioners in Crl.R.C.No.2036 of 2009 submit that there was no direct evidence to show that the petitioners have stolen the wire bundles; there was a time gap of one month in between the date of alleged offence and the arrest of the petitioners; P.W.1 did not give any descriptive particulars of the names of the accused in the complaint; no reliance can be placed on the alleged recovery; and there was no identification parade conducted with respect to the property, and urged to allow the Criminal Revision Cases.