ALLI BHASKAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Crl.A.No.374 of 1995 is filed by A4 and Crl.A.No.375 of 1995 is filed by A1, A2, A3 and A5 against the judgment in SC No.235 of 1993 on the file of them Additional Metropolitan Sessions Judge, Hyderabad convicting them under the Section 395 IPC and sentencing them to undergo rigorous imprisonment for 5 years each. As these appeals arise out of the same crime, they can be disposed of by a common judgment.

(2.) The facts in brief are as follows : PW1 was an Intermediate student, PW2 is his cousin brother doing petty money lending business and both of them were staying in one premises. A2 to A5 arc the friends and neighbours of Al. They used to visit the house of one Pandit, where A2 also used to visit and thus Al and A2 became close friends. The house of A2 is near to the house of the de facto - complainant Srinivasulu and Venkanna. A2 observed that PW2 Venkanna is dealing in money lending business and thought of committing robbery to rob the cash from PW2 Venkanna, He, therefore, took Al, A3 to A5 to his confidence and planned to commit robbery and waiting for a chance. On 29-5-1992, Al to A5 assembled in the house of A2 and noticed that PW2 Venkanna went out and PW1 Srinivasitlu was alone in the room. All of them went to the house of PW1 Srinivasulu and Al, A3 to A5 concealed themselves by the side of house wall and Al knocked the door. When Srinivasulu peeped through the window, then A1 informed that he came from Nalgonda and want PW2 Venkanna. Since there was rain and Srinivasitlu thinking that Al came from Nalgonda, he opened the door. Immediately, A2 along with Al, A3 and A4 rushed into the room and A3 gagged the mouth of Srinivasulu with a towel and Al threatened Srinivasulu with a knife and in the meantime, A5 who was guarding outside, rushed into the room and carried away the suit-case containing a cash of Rs.7,500.00, 2 shirts, shirt pieces, some books and memorandum of marks and A1 and A4 followed A5. At about 10.00 p.m., PW2 Venkanna returned back to the house and PW1 Srinivasulu narrated the incident to him. Both of them went to the house of LW3 V. Sudershan, who is the brother of LW2, and narrated the incident to LW3 Sudershan, LW3 advised them that it is late in the night and raining heavily and asked them to wait in his house till morning. On the next morning at 9.30 a.m., a report was given to the police by PW1 Srinivasulu and a case was registered. Al to A5 were arrested on 1-6-1992. The police recovered the cash from their possession in the presence of panch witnesses. The identification parade of A1 to A5 was conducted and the de facto -complainant Srinivasulu identified all the accused. A6 was apprehended on 1-7-1992 and he was interrogated in the presence of panch witnesses and the suit-case was recovered from his possession, which contains shirt, shirt pieces and some documents. After completion of investigation, the charge-sheet was filed.

(3.) When examined under Section 313 Cr.PC, the accused pleaded not guilty. In support of its case, the prosecution examined PWs.1 to 6 and marked Exs.Pl to PS and MOs.1 to 10. On the basis of the evidence, the learned Judge convicted and sentenced A1 to A5 as stated supra and acquitted A6. Aggrieved by the same, the present appeals are filed.