PENTI VITTAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the judgment of the V Additional Sessions Judge, Fast track Court at Nizamabad in S. C. No. 330 of 2003. By this judgment, the appellant has been convicted for offences under section 302 of I. P. C. and also under section 397 of I. P. C. He has been sentenced to suffer imprisonment for life for the offence under Section 302 of I. P. C. and fined with Rs. 1,000/ -. For the offence under section 397 of IPC, he has been sentenced to undergo rigorous imprisonment for seven years and is also fined with an amount of Rs. 500/ -. In default of payment of total fine of Rs. 1,500/-, the appellant has been sentenced to further imprisonment for a period of one year on each count. These sentences have to run consecutively.

(2.) THE charge against the appellant was that on 11. 4. 2002, at agricultural fields of Kamtam Village, he committed robbery by removing gold pustela tadu from the person of Smt. Remma Laxmi-the deceased, and at the time of committing robbery, he used deadly weapon, i. e. , iron handle to cause grievous hurt to the deceased. On the basis of these allegations, charges were framed under Sections 302 and 397 of I. P. C. He pleaded not guilty and claimed to be tried. The prosecution examined nine witnesses and exhibited seven documents and the trial Court convicted the accused for both the offences.

(3.) LEARNED Counsel appearing for the appellant submits that this is a grave case of miscarriage of justice. While the appellant-accused had appointed an Advocate, but, he did not appear for him. The appellant remained in custody throughout and even the Counsel who had been appointed by him did not cross-examine the witnesses. The Court also did not appoint a Counsel for him and went along with the trial. All the statements of the witnesses were recorded without any cross-examination. Even at the final hearing, nobody appeared for the appellant and the trial Court decided the matter only after hearing the Public prosecutor.