Andhra Pradesh High Court - Amravati
CRLRC/2013/2006 on 17 February, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
CRL.R.C.2013 OF 2006
ORDER:-
Questioning the judgment passed by the learned
II Additional District and Sessions Judge, East Godavari at
Amalapuram, dated 01-12-2006 in Crl.A.No.63 of 2004, the
petitioner/accused filed the present Criminal Revision Case.
2. The case of the prosecution is as follows:-
On 29-04-2003 Pws.1 and 2 kept their agricultural sprayer
and bicycle at Makam shed of Pw.5 in Kothalanka as they went
to the field of Pw.5 on cooly work. At about 7.00 A.M, Pws.1 and
2 went to the adjoining garden to work there and when they
returned to the shed at about 8.00 A.M, they noticed missing of
agricultural sprayer and bicycle from the shed. When they
enquired, Pw.3 who is nearby informed that one person came
there and took away the articles and left towards the river bund.
On that, Pws.1 and 2 went towards that side and found the
accused going to river bund with cycle and sprayer. Pws.1 and 2
chased the accused and caught hold of him along with stolen
items and brought him to the police station at about 10.00 A.M
and handed over him to the police. On the basis of the report
given by Pw.1, a case in Cr.No.38 of 2003 of Mummudivaram
Police Station was registered against the accused under Section
379 IPC. After completion of investigation, the police filed charge
sheet.
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3. The case was numbered as CC No.118 of 2003 on the file
of the Court of Judicial First Class Magistrate, Mummudivaram
East Godavari District. After completion of trial, the trial court
convicted the accused under Section 379 IPC and sentenced him
to suffer rigorous imprisonment for a period of two years.
Aggrieved by the same, the accused filed Crl.A.No.63 of 2004
before the II Additional District & Sessions Judge, East Godavari
at Amalapuram. The said Appeal was allowed in part. While
confirming the conviction, the learned appellate judge modified
the sentence of imprisonment alone from two years to one year.
Aggrieved by the same, the accused filed the present Criminal
Revision Case before this court.
4. Heard Sri Bokka Satyanarayana, learned counsel for the
petitioner/accused and Sri Soora Venkata Sainath, learned
Special Assistant Public Prosecutor.
5. As can be seen from the record, the evidence of Pws.1 to 4
corroborated with each other and there is nothing to disbelieve
their version. After arguing for some time, the learned counsel
for the petitioner requested to take a lenient view by reducing
the sentence of imprisonment as the offence took place in the
year 2003 and the stolen articles i.e., bicycle and agricultural
sprayer were recovered from the possession of the
petitioner/accused.
6. Keeping in view of the above circumstances, as the offence
took place nearly 19 years back and the stolen articles were
already recovered and also the petitioner has already undergone
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imprisonment of five(5) months, this court is not inclined to send
him to jail after such length of time.
7. In that view of the matter, while confirming the conviction,
the sentence of imprisonment of one year is reduced to the
period already undergone.
8. With the above modification with regard to sentence of
imprisonment alone, the Criminal Revision Case is dismissed.
Miscellaneous Petitions pending, if any, shall stand closed
in consequence.
__________________
K.SURESH REDDY,J
17-02-2022
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TSNR
