( 1 ) THIS revision is filed against the conviction and sentence recorded against the revision petitioners 1 to 6 in S. C. No. 128 of 1996, dated 31-12-1998 on the file of the Additional Assistant Sessions judge, Eluru which was confirmed in Crl. A no. 10 of 1999, dated 3-4-2003 on the file of the Sessions Judge, Eluru.

( 2 ) THE relevant facts in brief are as follows:

( 3 ) THE revision petitioners herein will hereinafter be referred as A-1 to A-6 in this revision. The Inspector of Police, bhemadole Circle, Bheemadole filed this case before the II Additional Judicial magistrate of First Class, Eluru alleging that on 6-9-1995 at about 9. 00 p. m. PWs. 1 to 5 and another boarded the lorry bearing no. ABK-599 for which PW-6 is the driver and by the time the lorry reached near dorasanipadu Village at about 10. 30 p. m. A-l to A-6 clad in knickers and towels rounded to their waists armed with sticks came across the road, put stones across the road and stopped the lorry by pelting stones A-l entered into the cabin while A-2 to A-6 stood across the lorry and A-1 robbed one pair of golden ear-studs with white stones weighting about 2. 8 grams from pw-1, four bangles weighing about 4 sovereigns and one gold chain weighing about 3 sovereigns from PW-2 one pair of golden plain ear studs weighing about 2. 1 grams from PW-3 and one pair of golden ear studs with white stones and red stone in the middle weighing about 2. 4 grams from pw-4. Further A-l also robbed cash of rs. 2,000/- from PW-1 and Rs. 1,000/- from pw-12 by beating them with sticks and caused injuries to them. Thereafter, all the accused took PWs. 1 to 6 and two others to a samadhi nearby the fields and made them to sit there by tying them with their sarees and clothes and A-3 watched them by putting them in fear. In the meanwhile, another lorry bearing No. ABK-7945 came from Chintalapudi to go to Devarapalli and that A-1, A-2, A-4 to A-6 stoped the said lorry by pelting stones on the lorry and by showing sticks and broke the front wind glasses and robbed cash of Rs. 500/- from pw-7 and Rs. 100/- from PW-13 the cleaner of the lorry by putting them in fear of death. Later another lorry bearing No. AEK- 3177 came from Chanubanda near vissannapet to go to Bhimavaram, then a-1, A-2, A-4 to A-6 also stopped the said lorry in the same manner and robbed cash of Rs. 1,000/- from PW-9 the driver of the said lorry and Rs. 36/- from PW-16 the cleaner of that lorry by putting them in fear of death. Thereafter, another lorry bearing no. AP-5-T-2192 came from Bhadrachalam and that lorry was also stopped in the same manner and the accused robbed cash of rs. 400/- from PW-19 the driver of that lorry. In the meantime, the tractor bearing no. AP-37-T-2433 came from D. Thirumala side, when the driver stopped his tractor and the accused threatened him. All the accused robbed away gold ornaments from pws. l to 4 and cash of Rs. 5,036/- from PWs. 6, 7, 9, 13, 16 and 19. It is further alleged that PW-1 went to the Police station and gave statement to the police and the same was registered under Section 395 i. P. C. and during the course of investigation pw-20 the Inspector of Police arrested all the accused on 15-11-1995 at about 7. 00 p. m. at the coffee hotel of PW-14 in dubacherla Junction in the presence of pw-15 and PW-11 and basing on the confession of A-1, they seized one gold chain and cash of Rs. 2,016/- from A-1, two gold bangles from A-2, one pair of gold ear studs having red stone in the center and white stones around from A-3, two gold bangles from A-4, one pair of plain gold ear studs from A-5, and one pair of gold ear studs having white stones from A-6 under a cover of panchanama. On 16-11-1995 PWs. 1 to 4 identified the respective properties in the test identification parade conducted in the presence of PW-15 and another. Thus, all the accused are liable for punishment under Section 395 I. P. C.

( 4 ) ON the said allegations, the learned magistrate took the case on file and after obs

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