PERNA RAMA MURTHY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These appeals are against the judgment passed on 12th April, 1993 in S.C. No. 113 of 1988 by the Assistant Sessions Judge, Eluru, convicting and sentencing A-l to A-6 to undergo eight years rigorous imprisonment and to pay a fine of Rs. 500/- each for the offence punishable under Section 395 of Indian Penal Code. A-l, A-2 and A-6 filed Criminal Appeal No. 449 of 1993. Criminal Appeals 645 of 1993 and 1104 of 1994 have been filed by A-3, A-4 and A-5 respectively.

(2.) The prosecution story briefly stated is that A-l to A-5 used to work under an arrack contractor of Warangal. They were close associates. A-2 and A-6 are brothers. P.Ws 1 to 6 were residents of Kandrikagudem, hamlet of Thangallamudi within the limits of Eluru Taluk Police Station. P.W.2 is the wife of P.W.I. P.Ws3and5are sons of P.Ws land 2. P.W. 4 is the wife of P.W.3.P.W.6 is the wife of P.W.5, They were residing in one house. On the night of 23-2-1987, P.Ws 1 and 2 were sleeping in the front room, P.Ws 3 and 4 were sleeping in the southern side room and P.Ws 5 and 6 were sleeping in the northern side room of the house. At about 2 a.m. on that night, they heard noise of the grill door. P.W.I woke up and came out of the room and went towards verandah. P.W. 2 followed him. He noticed five persons. Out of them, three had come inside and two were outside the grill portion of the house. Soon after he entered the grill portion, he was caught and pulled by one of those persons. He was beaten on his head with a pestle. He raised cries and on hearing the cries, his two sons, P.Ws 3 and 5 woke up and came there. They were also beaten. P.Ws 2,4 and 6, who came there, requested the intruders not to beat the menfolk and they offered to part with their ornaments. P.Ws 1 to 6 were taken into the northern side room and were made to sit there, the intruders took the keys of the almirah from them, switched on the lights and removed all the articles from the almirah including gold ornaments worn by P.Ws 2,4 and 6 on that day. They also took wrist watches, gold rings and tape-recorder. The hands and legs of all of them were tied with clothes. In the meantime, another person, who was in command of the intruders, came there. They kept P.Ws 1 to 4 and 6 in a room and took away P.W. 5 along with them threatening that P.W. 5 would be killed if they raised cries till the arrival of P.W.5. So saying, they went away along with P.W.5. P.W.5 returned by about 4 a.m. and opened the bolt from outside and untied them. They verified the articles stolen. Then, P.W.I gave Ex.P-1 complaint to P.W. 16, who registered a case in Crime No. 36 of 1987 and issued Ex.P-25 FIR. P.Ws 1 and 3 were sent to P.W. 10, Assistant Civil Surgeon, Government Headquarters Hospital, Eluru, who examined them and issued Exs.P-5 and P-6 wound certificates mentioning two simple injuries noticed on each of them.

(3.) P.W. 14, who worked as Traffic Sub-Inspector, Khammam, caught hold of A-l on 6-3-1987 at about 4 p.m. and recovered 8 gold bangles and 4 rings from him. He immediately took A-l to I Town Police Station, Khammam, and produced him before P.W. 15-S.1. of Police. P.W. 15 called the mediators including P.W.8 and arrested A-l. A-l led them to room No. 205 of Lakshmi Lodge, Khammam, where they seized some articles including wrist watches and sarees. He returned immediately to the Police Station and registered a case in Crime No.77 of 1987 and issued Ex.P-24 FIR. He forwarded the message to all the Police Stations in the State for necessary action.