PULTIYA AUDIYYA Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
STATE OF ANDHRA PRADESH
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(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
(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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