M. NARAYANA REDDY, J.

( 1 ) THESE Orders, according to Law, arise out of a Criminal Revision Case, filed by the revision petitioners, against the sole respondent-State, under Sections 397 and 401, Cr. P. C. , 1973, questioning the, validity and legality, of the adjudications made by, and set forth in para 2, infra.

( 2 ) JUDGMENT, dated 19-7-2002, of the Court of the II Addl. Sessions Judge, Nellore, made in Criminal Appeal No. 101/97, of its file, inter alia, confirming, in toto, the earlier Judgment, dated 15-12-1997, of the Court of the Asst. Sessions Judge, Kovur, made in S. C. No. 143/95, of its file.

( 3 ) PERUSED the material papers of the Record.

( 4 ) ARGUMENTS were heard of the learned Counsel for the revision petitioners and the learned Addl. Public Prosecutor for the sole respondent-State.

( 5 ) THE three revision petitioners herein correspond, respectively, to appellants 3, 4 and 5 in the said Criminal Appeal No. 101/97, and A. 4, A. 5 and A. 6 in the said S. C. No. 143/95, of the said Trial Court. The Appellate Court recorded, that, A. 3 in that Sessions Case, corresponding to the second appellant therein died, and that, hence, the case against him is abated. A. 1 in that Sessions Case corresponds to the First Appellate in that Criminal Appeal. He is not a party to this revision case. The Trial Court, in its Judgment, recorded, that, the case against A. 2 before it had abated. The sole respondent in this Criminal Revision correspondent, respectively, to the sole respondent in that Criminal Appeal and the sole complainant in that Sessions Case, being the State represented by the Inspector of Police, Buchireddipalem.

( 6 ) THE parties are, hereinafter, referred to, with reference to their respective descriptions before the said Trial Court, in that S. C. No. 143/95, unless, otherwise, so specified.

( 7 ) IN total, six accused were prosecuted by the prosecution, for the alleged offence punishable under Section 398, I. P. C. alleging, that, on 22-12-1994, around 2. 30 a. m. in the early hours, A. 1 to A. 6 boarded the lorry, bearing No. AP-26-T-0079, near Rajupaiem Centre, paying Rs. 5/- each, and that, by the time it reached Ulavapalla, on the National Highway, the accused demanded the Cleaner to stop the lorry, and that, A. 1 pointed out a knife at the Driver, and A. 2 pointed out a knife at the Cleaner and threatened to kill them, and that, if they failed to part with their valuables, etc. and, later, took their valuables under that threat, and on the Driver and Cleaner raising alarm, the patrolling police, including the Inspector of Police, surrounded the lorry, arrested the accused, seized the knives, and, later, registered a crime against the accused, and, after due investigation, filed the charge-sheet against them under Section 398, I. P. C. etc.

( 8 ) AFTER committal by the Committal Court, it resulted in the said S. C. No. 143/95. The said Trial Court tried the same, in respect of A. 1 and A. 3 to A. 6 therein, in respect of the offence and common charge, punishable under Section 398, I. P. C. , following the procedure prescribed in Chapter XVIII of Cr. P. C. , 1973, for trial of the Sessions Cases, in the process whereof, it recorded the oral evidence of P. Ws. 1 to 3, and exhibited the documentary evidence, by way of Exs. P. 1 to P. 3, and Object evidence, by way of M. Os. 1 and 2, and, later, after due arguments there into, finally, adjudicated thereupon, by its Judgment, dated 15-12-1997, set fort in para 2, supra, as under :-I) Findiing A. 1 and A. 3 to A. 6 guilty of the alleged offence, as also, the common charge framed against them, both, punishable under Section 398, I. P. C. II) Consequently, convicting A. 1 and A. 3 to A. 6, in respect thereof, under sub-section (2) of Section 235, Cr. P. C. , 1973, and, hence, sentencing them under that penal provision of Section 398, I. P. C. , as under :- "each of A. 1 and A. 3 to A. 6 to undergo Rigorous Imprisonment for a period of seven years. "

( 9 ) AGGRIEV

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