MEESALA DURGA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 29. 1. 2004 in crl. A. No. 58 of 2003 passed by the learned ii Additional Sessions Judge, Karimnagar, whereby and whereunder the appeal filed by the petitioner herein was dismissed confirming the conviction and sentence imposed by the learned Judicial Magistrate of First Class, Huzurabad in C. C. No. 165 of 1997, dated 31. 3. 2003. The petitioner was convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 600/- and in default to suffer simple imprisonment for 20 days separately for each of the offences punishable under Sections 457 and 392 IPC.

(2.) THE petitioner herein shall be referred as accused hereinafter for the sake of convenience.

(3.) THE prosecution case in brief is that on 25. 2. 1996 at about 08. 30 p. m. while pw1 was taking meals and his wife, two sons and daughter were watching TV, four unknown persons representing themselves as members of the Janarakshana Party came to the house of PW1, and demanded party fund. They forcibly entered into the house and got the almarah opened and committed theft of Rs. 10,000/-, one gold chain (three rows) wg. 2 tolas, one gold pearls chain, wg. 1/2 tola, and another gold chain wg. 1 tola, which is having locket of Venkateshwara, one gold tuft ring wg. 1/2 tola, 5 tolas silver, one gold chain (pushelathadu) wg. 2 tolas and one gold plain ring wg. 1/2 tola. On the report given by PW1, the police, Jammikunta registered a case in Crime No. 40 of 1996 under Section 392 IPC and Section 25 (l) (a)of the Indian Arms Act.