JUDGMENT

Dr. Mukundakam Sharma, J.—

SLP (Crl.) No. 3209/2008

1. Delay condoned.

2. Leave granted.

3. This appeal arises out of the judgment and order dated 29.01.2007 passed by the High Court of Andhra Pradesh at Hyderabad whereby the learned Single Judge partly allowed the appeal filed by the respondent herein by setting aside his conviction for the offence under Sections 148, 392 and 452 of the Indian Penal Code (for short ‘IPC’) and convicted him under Sections 147 and 451 IPC.

4. Factual matrix of the case is as follows:

Mohd. Ishaq - PW-1 (the appellant herein) is a resident of House No. 23-2-10, Khaja-Ka-Chilla, Moghalpura, Hyderabad which is a sarfakhas property. His father, Mohd. Maqbool was working as watchman of Khaja-Ka-Chilla. He resided in the said house as per the agreement with sarfakhas. After his death, his son (PW-1) continued to live in the said house with his family members. PW-7 and Anjuna Fathima are the sisters of PW-1. PW-2 and PW-9 are daughters of PW-7. PW-8 is daughter of his another sister. PW-10 is the younger sister of PW-8. PW-13 is wife of PW-1. They were all residing together in the above-mentioned house. The said house comprises of six rooms, out o