Partly allowed

Mudavath Bhasya , v. The State of Andhra Pradesh

Telangana HC4 Jul 2013CRLRC/1149/2006

Case brief

AI extract

What is this about?

In this criminal revision, the High Court examined an appeal conviction under Section 412 IPC for receiving stolen property in a dacoity. Finding the prosecution failed to prove knowledge of dacoity theft, the court modified the conviction to Section 411 IPC and reduced the sentence to time already served.

What did the court decide?

Conviction modified from Sections 376, 395, 412 IPC to Section 411 IPC; sentence reduced to time already served.

Mudavath Bhasya , Vs The State of Andhra Pradesh — Cheating and Forgery | Telangana HC (2013)

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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1149 OF 2006

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DATED 4^th JULY, 2013.

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BETWEEN :

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M.Bhasya & others .. Petitioners-A.2 to A.5

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and

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The State of A.P.

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..Respondent

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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1149 OF 2006

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ORDER:

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Petitioners-A.2 to A.5 filed this Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Criminal Procedure Code (in short ‘Cr.P.C.’) being aggrieved by the judgment and order dated 04.01.2006 rendered in Criminal Appeal No.152 of 2001 by the II Additional Sessions Judge, Mahabubnagar.

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Initially, petitioners were prosecuted along with A.1 in S.C.No.507 of 1997 by the Assistant Sessions Judge, Nagarkurnool, wherein vide judgment dated 09.10.2001 A.1 to A.5 were found guilty for the offence punishable under Section 395 of Indian Penal Code (in short ‘IPC’) and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.1000/- each, A.4 is also found guilty for the offence punishable under Section 376 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.1,000/and A.1 to A.3 and A.5 were also found guilty for the offence under Section 115 IPC and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.500/- each. Challenging the same, all the accused preferred Criminal Appeal No.152 of 2001.

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By partly allowing the said appeal, the learned Appellate Judge while setting aside the conviction imposed by the appellants for the offence punishable under Sections 376 and 395 read with 115 IPC, convicted them for the offence under Section 412 IPC and sentenced them to undergo rigorous imprisonment for three years. Aggrieved over the same, present revision has been preferred.

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Heard and perused the entire material on record.

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Case of the Prosecution, in brief, is that on 24.08.1995 at about 8.00 p.m. when LWs 1 to 3 were proceeding to Naganool from Nagarkurnool and when they reached the outskirts of Nagarkurnool, all the accused waylaid them, robbed gold jewels, wrist watch, etc. and decamped with booty. It is further alleged that one of the culprits also committed rape upon L.W.2-Bhagya Laxmi. Hence, the case.

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Though charge sheet was filed by the investigation agency for an offence punishable under Sections 395 and 376 IPC, the learned trial Judge framed charges under Sections 395, 397 and 412 IPC against A.1 to A.5 and Section 376 IPC against A.2 and Section 376 read with 115 IPC against A.1 to A.3 and A.5 and after due trial found the accused to have committed the offence and in appeal the learned Appellate Judge modified the conviction imposed by the trial Court to one under Section 412 IPC as stated above. Hence, the present revision by A.1.

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Section 412 IPC runs as follows:

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412. Dishonestly receiving property stolen in the commission of a dacoity:- Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

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In this case, the prosecution has failed to prove the fact that the accused were in possession of the said property knowing fully well that the said property was obtained by the person concerned by way of dacoity or dishonestly received from a person belonging to gang of dacoits. Hence, the offence under Section 412 IPC is not made out against the revision petitioners. However, from the evidence on record the Prosecution is able to prove the ingredients of Section 411 IPC against the revision petitioners. Therefore, the conviction rendered by the trial Court and modified by the appellate Court is hereby modified to one under Section 411 IPC.

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Learned counsel for the revision petitioners submitted that the petitioners have suffered substantial period of imprisonment and they are the only breadwinners of their families and thus prayed to show some leniency in imposition of sentence of imprisonment.

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Considering the said submissions, the sentence of imprisonment imposed on the revision petitioners is hereby reduced to that of the period already undergone by them in prison.

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Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed.

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________________________ JUSTICE RAJA ELANGO

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Date : 04.07.2013 sur

Mudavath Bhasya , v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Mudavath Bhasya , v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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