ALAVALA NAGI REDDY Vs. STATE OF AP

JUDGEMENT

(1.) The present appeal is preferred against order and judgment dated 29.06.2015 passed in Sessions Case No.5/D/12 by the Special Sessions Judge-cum-IV Additional District Judge, Guntur, whereby the learned Court held guilty for the offences punishable under Sections 395 and 397 IPC against appellants/A-1 to A-5 and accordingly convicted under Section 235(2) Cr.P.C. Consequently A-1 to A-5 are sentenced to undergo Rigorous Imprisonment for life for the offence under Section 395 IPC and also sentenced to pay a fine of Rs.25,000/- each, in default of payment of fine, to suffer Simple Imprisonment for six months each. Further, the appellants/A-1 to A-5 are sentenced to undergo Rigorous Imprisonment for a period of seven years each for the offence under Section 397 of IPC. The sentences of Rigorous Imprisonments imposed for the offences under Sections 395 and 397 of IPC shall run concurrently.

(2.) The case of the prosecution is that on 23.11.2011 morning Mogulluri Narasimha Rao-PW.1, a resident of Veldurthi came to broker office of V. Bhaskara Rao-PW.11 at Macherla, kept his Hero Honda in front of said office and went to Guntur by bus and collected a cheque for Rs.8 lakhs drawn on ING Vysya Bank, Arundelpet, Guntur, from Sure Yellamanda-PW.7 towards purchase of cotton from the farmers. Thereafter, he en-cashed the said cheque in ING Vysya Bank, Guntur and returned to Macherla at 8.00 P.M. along with cash of Rs.8 lakhs kept in a black colour bag. Then he informed the same to Bhaskara Rao-PW.11 and left Macherla at 9.20 P.M. on his motor cycle to go to Veldurthi village. When he reached Mandadi village, two unknown persons came and over took Narasimha Rao-PW.1. He tried to escape from them and turned his vehicle back, but he could not control the balance of his vehicle and fell down. Thereafter, one person stabbed him with knife on abdomen and asked for money and two other culprits came by another motor cycle and all the four culprits asked Narasimha Rao- PW.1 to give cash. The culprit who stabbed PW.1 snatched the cash bag containing cash of Rs.8 lakhs and due to fear PW.1 raised cries for help and started running towards Mandadi village. All the four culprits chased him up to some distance and escaped from there. Thereafter Mutyala Brahmam, who was coming from Veldurthi side on his motor cycle noticed PW.1-Narasimha Rao and shifted him to Government Hospital, Macherla. After first aid, the injured was shifted to Global Hospital, Hyderabad for better treatment.

(3.) Thereafter, on the basis of statement given by PW.1, at Government Hospital, Macherla, a case in Crime No.112 of 2011 under Section 394 IPC was registered in Veldurthi Police Station. The Inspector of Police, Macherla, took up investigation, inspected the scene of offence, prepared rough sketch and scene observation report in the presence of mediator. Also took Photographs of scene of offence and seized the Hero Passion Pro motor cycle of PW.1, Aashirvad 100gms used chilli powder, blood stained earth, control earth under the cover of observation report. He also recorded the statements of witnesses. Later on 26.11.2011 at 2.00 P.M. Inspector of Police, Macherla, arrested A-5 at Ring road centre, Macherla, in the presence of mediators. He recorded his confession about commission of his offence and seized cash of Rs.50,000/- and cell phone of Karbon company with SIM card bearing No.9959585014 from the possession of A-5 under a cover of mediatornama duly attested by PWs.5 and 6. Thereafter, on the basis of confession of A-5, he arrested A-1 to A-4 on the same day at 3.15 PM in a dilapidated stone polish mill situated opposite to LCK Mini Cement Factory, Sagar Road, Macherla. Also recorded their confessional statements and seized two un-registered motor cycles and also seized cash of Rs.2,50,000/- and cash of Rs.50,000/- to be shared to A-5, black colour bag, PAN card belongs to PW.1, Samsung company cell phone with SIM card No.998518833 from the possession of A-1, cash of Rs.1,50,000/- , Nokia cell phone with SIM card bearing No.9666337414 from the possession of A-2, cash of Rs.1,50,000/-, Nokia cell phone with SIM card bearing No.9652782455 from the possession of A-3, cash of Rs.1,50,000/- Yxtel cell phone with SIM card bearing No.9912883735 from the possession of A-4. The Investigating officer also seized blood stained knife under a cover of mediatornama duly attested by mediators at 5.15 P.M. on 26.11.2011 near the bushes situated on western side of Mirchi crop lands of one Sunkara Venkata Ramaiah of Mandadi village. Later he altered the Section of law to 395 IPC from 394 IPC and sent A-1- to A-5 to judicial custody. After completion of investigation, the Inspector of Police, Macherla-PW.14 filed charge sheet before the concerned Magistrate. After taking cognizance for the offences under Section 395 IPC committed to the Court by the Judicial Magistrate of I Class, Macherla under PRC No.2 of 2012 and the same was registered as SC No.5/D/12 by the trial Court.