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1993 Supreme(AP) 410

G.RADHA KRISHNA RAO
Komalla Satyanarayana – Appellant
Versus
State Of A. P. – Respondent


G. RADHAKRISHNA RAO, J.

( 1 ) A-1 to A-7 were found guilty of the offence punishable under Section 395 read with Section 397, I. P. C. and were sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 100. 00 (Rs. One hundred only) each in default to undergo rigorous imprisonment for a period of four weeks. Aggrieved by the said conviction and sentence, the present appeal has been filed.

( 2 ) PROSECUTION case is that on the night intervening 13-5-1989 and 14-5-1989 at 2. 30 a. m. , A-1 to A-7 trespassed into the premises of 5th Shaft of S. C. Company at Rudravaram. They were armed with hammers and knives and they caused hurt to P. W. 1, the watchman, and P. W. 2, the Security Guard, and they, after beating P. Ws. 1 to 5, locked them up in the overmen s room. One of them stood guard at the entrance of the overmen s room. The other accused broke open to store room and committed theft of materials worth Rs. 22,250. 00. On 22-5-1989 P. W. 15, the Inspector of Police. Kothagudem, is said to have arrested A-1 to A-7 on the outskirts of Kothagudem and recovered a part of the stolen property from their possession. The identification parade was conduct











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