HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.1378 OF 2008
JUDGMENT:
1. This Criminal Revision Case is filed questioning the correctness of the judgment of the Metropolitan Sessions Judge, Hyderabad in Crl.A.No.112 of 2008 dated 21.08.2008, wherein the learned Sessions Judge dismissed the appeal by confirming the judgment of the learned VIII Additional Chief Metropolitan Magistrate in CC No.1415 of 2007, dated 08.04.2008, whereby, the petitioner/accused No.2 and other accused were convicted and sentenced to undergo two years rigorous imprisonment each for the offence under Section 394 of IPC.
2. Briefly, the case of the prosecution is that on 10.08.2007, complaint was lodged by P.W.1 stating that on 09.08.2007, PW.1 received an amount of Rs.1,60,000/- from P.W.5 in his house and while he along with PW2 were walking in front of Muslim Minority Hospital, Osmanpura to go to bus station, this petitioner and two others tried to snatch the cash bag from P.W.1. P.W.1 ran towards the house of P.W.5 and on 2 seeing the other locality persons, the accused left. 15 minutes thereafter, when P.Ws.1 and 2 were again going by walk, A1 beat PW.1 on his head with stone and A2/petitioner closed the mouth of P.W.2 with cloth and A3 was keeping watch of the public and A1 snatched the cash bag from P.W.1. Thereafter, the amount was distributed among themselves. On the basis of the complaint, police filed charge sheet for the offence under Section 394 of IPC.
3. Learned Magistrate, having examined P.Ws.1 to 8 and marking Exs.P1 to P9, found this petitioner and two others guilty of the offence under Section 394 of IPC and sentenced to undergo two years rigorous imprisonment.
4. Both the courts below based their findings on the evidence of P.Ws.1, 2 and 5 to conclude that this petitioner and two others have in fact committed the said offence and amount was also seized from A1 and A3. No seizures were effected from this petitioner.
5. The concurrent findings of the courts below are based on record and needs no interference. Since no amount was 3 recovered from this petitioner and according to the investigation, the amount was with A1 and A3, and also for the reason of this petitioner not being involved in any other criminal offence, and that too, the offence is of the year 2007 and 16 years have lapsed, this Court deems it appropriate to reduce the sentence of imprisonment to the period of six months.
6. The trial Court is directed to cause the appearance of the petitioner/accused and sent him to prison to serve out the remaining part of sentence.
7. Accordingly, the Criminal Revision Case is disposed off.
8. As a sequel thereto, miscellaneous petitions, if any, pending, shall stands closed.
__________________ K.SURENDER, J Date: 29.11.2022 kvs 4 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.1378 OF 2008 Date: 29.11.2022.
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