PUBLIC PROSECUTOR HYD Vs. ARAVULA DEVARAJULU DEVUDU

JUDGEMENT

(1.) The State is the appellant before this Court. Aggrieved by the orders of the Principal Assistant Sessions Judge, Chittoor in S.C. 433 of 1993 wherein the accused were acquitted of the charge under Section 397 I.P.C. i.e., Robbery and Decoity, the present appeal is preferred by the State.

(2.) This is yet another case which gives the impression that all is not well with the law enforcing agency even if the investigation is entrusted to C.I.D. which is considered to be the most effective organisation involved in detecting the grave and sensational crimes.

(3.) The case of the prosecution is that on the intervening night of 20/21-10-91 while PWs.1 and 2 were sleeping in their house at Shanthi Nagar near Kalavagunta village by bolting the doors from inside, A1 to A6 along with others climbed down to the roof through a dilapidated wall and focused the torch light into the room. PW2 having woke up and having seen the accused, ran to the road by opening the doors and raised alarm. In the meantime, one of the accused came running behind her and caught hold of her. Seeing this, PW1 tried to release PW2 from the clutches of the accused. In the meantime, all the accused came there and both PWs. 1 and 2 were dragged into the house and they were tied to a pillar in the house and their limbs were tied. In the meantime, PW3, a farm servant, having heard the alarm came running and the accused tied his limbs also and committed theft of gold ornaments and cash worth about Rs.50,000/-. In the scuffle, PW1 having received bleeding injuries had been to the hospital and got himself admitted. On the information by the doctor, a constable working in II Town Police Station, Chittoor came to the hospital and recorded the statement of PW1 and went back to the police station. Thereafter, PW4 registered the complaint in Cr.No.51 of 1991 under Section 395 I.P.C. While the investigation was in progress, under the orders of I.G., C.I.D., Hyderabad, dated 26-4-1992, the case was transferred to C.I.D. Anti-Dacoity Cell. After completion of the investigation, PW16 filed the charge sheet before the IV Judicial First Class Magistrate, Chittoor, who in turn committed the case to Sessions in P.R.C.No.30 of 1992. The District and Sessions Judge, Chittoor having taken the case on file under S.C.No.433 of 1993 transferred the same to the file of the Principal Assistant Sessions Judge, Chittoor, for trial. The prosecution examined as many as 18 witnesses marked 17 documents and M.Os.1 to 7.