S. R. K. PRASAD, J.

( 1 ) THIS appeal arises against the judgment rendered by the assistant Sessions Judge, Kothagudem, in S. C. No. 73 of 1996 convicting and sentencing the accused to undergo rigorous imprisonment for a period of seven years each for the offence under Section 395 IPC.

( 2 ) THE case of the prosecution can be stated in brief as follows: on the night of 3-7-1995 P. W. I and his wife, P. W. 2 and Madireddy Swarnasree were sleeping in the varandah of the house. At about mid-night P. W. I got up and found six persons coining towards his house. They came, tied the hands of P. W. I and slapped Anjireddy and broke open the door, entered the house and committed theft of 15,000/-rupees cash, a watch as well as the gold ear studs and nose ring of Gampa anasuya. Similar offence was made in the house of P. W. 3, P. W. 4 and others. On the strength of a complaint given by P. W. 1, Police registered Ex. P-24 FIR. On 31-10-1995 at about 3. 00 p. m. A-l and A-5 were arrested, and on the strength of the confessions said to have been made by A-l and A-5 other accused were arrested and properties were recovered. P. W. I2 conducted the test identification parade in respect of A-l to A-

Click Here to Read the rest of this document