PULTIYA AUDIYYA Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1992-10-19
HIGH COURT OF ANDHRA PRADESH
Decided on October 22,1992

PULTIYA AUDIYYA Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.)This is a revision filed by the petitioners-accused challenging the judgment of the I Additional Sessions Judge, Krishna at Machilipatnam confirming the conviction of the petitioners for the offence under Section 412 I.P.C. but reducing the sentence of rigorous imprisonment to two years R.I each and confirming the sentence of fine of Rs.1,000/- each.
(2.)The case of the prosecution is as follows:- On the intervening night of 27/ 28-11-1986 A-l to A-3 and six others gained entrance into the house of P.W.1 by breaking open the rear entrance door of the house, beat P.W.3 with an iron rod and stout sticks and snatched away her gold Nanu tadu, one pair of ear studs, four gold bangles. On hearing the cries of P.W.3, P.Ws.1 and 2 came out of their bed room and the accused beat P.W.1 with an iron rod and stick and collected from them one gold ring, HMT Wrist Watch, gold nanu tadu and a pair of ear studs, and also bangles, one gold ring, three small gold rings and one H.M.T. watch. The accused also beat P.W.6 who was sleeping in the veranda and snatched his two gold rings. They also beat P.W.4 and snatched away his HMT Wrist Watch and beat his wife P.W.5 and snatched away gold chain with sutram and gold left ear stud. It is further alleged that during investigation into the case the accused were arrested and at their instance the properties M.Os.l to 5 were recovered.
(3.)A charge under Section 395 I.P.C. was framed against A-1 to A-3 and a charge under Section 412 I.P.C. was framed against A-l to A-4. The accused pleaded not guilty to the respective charges. In all P.Ws.l to 16 were examined and Exs.P-1 to P-25 and M.Os.l to 5 were marked. When examined under Section 313 Cr.P.C. the accused denied the offence. Ultimately the trial Court convicted A-1 to A-3 for the offence under Section 412 I.P.C. only but acquitted them of the charge under Sec.395 I.P.C. The lower Court has completely acquitted A-4 of the charge under Section412 I.P.C. The lower Court sentenced each of A-1 to A-3 to suffer rigorous imprisonment for a period of five years each and to pay a fine of Rs.1,000/- each in default to suffer simple imprisonment for six months. On appeal the learned Sessions Judge while confirming thr conviction reduced the sentence of R.I. to two years but confirmed the fine. Aggrieved by the said judgment of the learned Sessions Judge, the present revision is filed by A-2 to A-3.
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