VYDYARAJU SRINIVAS RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Revision Case, under Ss. 397 and 401 of Cr.P.C., is filed by the petitioners/A.1 and A.3, challenging the judgment, dtd. 15/4/2008, passed in Criminal Appeal No.13 of 2006 by the learned II Additional Sessions Judge (Fast Track Court) at Sanga Reddy, whereby, the judgment, dtd. 31/1/2006, passed in S.C.No.265 of 2005 by the Assistant Sessions Judge, Sangareddy, convicting the petitioners/A.1 to A.3 of the offence punishable under Sec. 394 IPC and sentencing them to undergo rigorous imprisonment for five years each and to pay a fine of Rs.500.00, in default, to undergo simple imprisonment for three months, was confirmed.

(2.) Heard Sri Y.Koteshwara Rao, learned counsel representing Sri. P.Sriharinath, learned counsel for the petitioners/A.1 and A.3, learned Assistant Public Prosecutor appearing for the respondent/State and perused the record.

(3.) The case of the prosecution, in brief, is that Inspector of Police, Ramchandrapuram averred in the charge sheet that on 8/2/2005 at 12.00 noon, PW.1 came to police station and submitted a report stating that while he was at his house, he heard hue and cries from the opposite house, on that he rushed there and found one person coming out from the house and another person went away on the motor cycle in speedy manner. On hearing hue and cries of lady from the house, PW.1 entered into the house and found one person caught hold the throat of house owner lady and blood is oozing from her face. There are some broken bangle pieces in the room. Seeing the situation, PW.1 thought that the persons were committing theft, on that he shouted as 'Donga'Donga'. Immediately, the person relieved the lady and tried to escape. But he caught hold that person. Meantime some of the neighbouring public gathered there and tried to take him into their custody, but he escaped from their hands. On enquiry PW.1 came to know that the injured lady name is Punadevi.