Kamagani Kiran vs The State Of A.P.
2023 Latest Caselaw 49 Tel

          THE HONOURABLE SRI JUSTICE K.SURENDER

           CRIMINAL REVISION CASE No.1216 OF 2011

JUDGMENT:

This revision is filed by the petitioner/Accused No.2

challenging the Judgment of the Principal Sessions Judge,

Warangal, in Crl.A.No.216 of 2010, dt.06.06.2011, confirming the

conviction imposed by the VI Additional Judicial Magistrate of

First Class, Warangal in CC. No.218 of 2010 (Crime No.168/2010

of Hanamkonda Police Station).

2. Briefly, the case of the prosecution is that the Police have

recovered M.O.1 which is a motorcycle pursuant to the confession

made by this petitioner in a theft case. The said recovery of M.O.1

is admissible under Section 27 of the Indian Evidence Act.

3. Learned Counsel for the petitioner submits that the

witnesses to the panchanama are stock witnesses and they were

taken by the Police in number of cases; and that mechanically, the

panchas have affixed the signatures on the 'panchanama' without

there being any such confession and consequent seizure taking

place.

4. Though, the witnesses are stock witnesses, the evidence of

the Investigating Officer cannot be brushed aside. For the said

reason, when there is a recovery pursuant to the confession which

is admissible under Section 27 of the Indian Evidence Act, this

Court does not find any infirmity in the concurrent findings of the

Courts below.

5. Further, the incident is of the year 2010. When the

petitioner was convicted for three months, at this length of time,

counsel for petitioner pleads to reduce the sentence of

imprisonment. As seen from the record the petitioner has already

undergone 18 days of imprisonment.

6. In the said circumstances, I deem it appropriate to reduce

the sentence of imprisonment from three months to the period

already undergone.

7. Accordingly, the Criminal Revision Case is partly allowed

reducing the sentence of imprisonment of the petitioner to the

period already undergone.

Miscellaneous applications pending, if any, shall stand

closed.

__________________ K.SURENDER, J Dt.:04.01.2023 tk

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL REVISION CASE No. 1216 OF 2011

Dt. 04.01.2022

tk