KANURU YANADI CHANGAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) On the intervening night of 17/ 18/11/1979 one Sivanarayana Reddy, a resident of Venkatarajupally, while he was sleeping in his house on a cot, was attacked with an iron rod, when he woke up on hearing cries of his wife, who was roused from slumber when a gold chain was snatched away from her neck while she was sleeping on a separate cot nearby that of her husband. P.W. 6, the wife of Sivanarayana Reddy was also injured by the culprits after snatching away the gold chain from her neck. Sivanarayana Reddy succumbed to the injuries inflicted on him. As many as six accused were tried in that behalf on charges punishable under sections 457, 396, 302 read with S. 149 of the Penal Code and under S. 397 of the Penal Code by the learned Additional Sessions Judge, Cuddapah in Sessions Case No. 32/81. The learned Sessions Judge acquitted the accused of the offences punishable under sections 396, 397 and 302 read with S. 149 of the Penal Code. A 6 was acquitted of all the charges. He however convicted A 1 to A 5 under sections 457 and 395 of the Penal Code and sentenced each of them to suffer rigorous imprisonment for a term of five years. Both the sentences were directed to run concurrently.

(2.) Criminal Appeal No. 159 was preferred by A 2 to A 4 assailing the convictions and the sentences. A 1 died after the judgment was delivered by the learned Sessions Judge. A 5 did not prefer any appeal assailing his conviction. Criminal Appeal No. 623 of 1983 was preferred by the State assailing that part of the judgment of the learned Sessions Judge acquitting the accused under sections 396, 397 and 302 read with S. 149 of the Penal Code.

(3.) The case of the prosecution briefly stated is as follows : The deceased Sivanarayana Reddy was sleeping on a cot laid on the verandah in front of his house. On the night of 17-11-1979 his wife, P.W. 6, was sleeping nearby on another cot. P.W. 6 had a gold chain on her neck. After past mid-night the gold chain was snatched away from her neck by some unknown offenders. She woke up and raised cries while it was being snatched away. On hearing her cries the deceased also woke up. About 6 or 7 offenders armed with sticks and torch lights in their hands were noticed by them. A 6 dealt two or three blows on the head of the deceased with an iron rod. On receipt of the blows the deceased fell down. When P.W. 6 cried aloud she was also beaten on her head with a stick and she became unconscious. P.Ws. 2 to 4, the neighbours of the deceased, attracted by their cries rushed to the house of the deceased and noticed the culprits running away from the house of the deceased. The deceased and P.W. 1 were brought to the police station, Chitvel, at 6.00 a.m. on 18-11-1979 in a double bullock cart. A statement, Ex. P. 1, setting out the occurrence was recorded from P.W. 1, by P.W. 17, Head Constable of the police station, Chitvel, and the same was registered as Crime No. 65/79 of Chitvel police station. The deceased and P.W. 6 were referred to S.V.R.R. Hospital Tirupati for examination and treatment. The deceased however passed away in the hospital at 10.35 a.m. on 18-11-1979. After completion of investigation into the case the Inspector of Police, Rajampet, P.W. 19 filed the charge-sheet.