The main legal point established in the judgment is that the prosecution must prove the accused's involvement as the receiver of stolen property beyond reasonable doubt to secure a conviction under Section 411 IPC.

JUDGMENT :

The un-successful accused in Sessions Case No.244 of 2008, on the file of the Court of Sessions Judge, Prakasam Division, Ongole (for short, ‘the learned Sessions Judge’), insofar as his conviction under Section 411 of the Indian Penal Code, 1860 (for short, ‘the IPC’) is concerned, filed the present Appeal questioning the aforesaid conviction and sentence, dated 08.12.2008, recorded by the learned Sessions Judge in S.C. No.244 of 2008.

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.

3. The Sessions Case No.244 of 2008 on the file of the Court of Sessions Judge, Prakasam Division, Ongole arose out of committal order in PRC No.7 of 2008 on the file of the Court of Judicial First Class Magistrate, Addanki (for short, ‘the learned Magistrate’) pertaining to Crime No.23 of 2007 of Martur Police Station registered for the offences under Section 302, 379 and 201 IPC.

4. The State, represented by Inspector of Police, Inkollu filed charge sheet before the learned Magistrate pertaining to Crime No.23 of 2007 alleging the offences under Sections 364, 302, 379 and 201 IPC. The case of the prosecution, in brief, is that Bandaru Sivaiah (hereinafter referred to as ‘the deceased’) was a resident of Kurichedu Village of Prakasam District. LW.1 – Bandaru Tirupatamma is his wife. LW.2 – Bandaru Gopi and LW.3 – Bandaru Vijaya are their children. The deceased resided in Bangalore along with his family and used to take labour from Andhra area to work in and around Bangalore city on daily wage basis. LW.4 – Pallapu Subba Rao used to supply the labour. The accused, who is a native and resident of Palapadu Village, Narasaraopet Mandal, Guntur District, worked under the deceased as labourer at Bangalore for some time. LW.6 – Bathula Srinivasa Rao @ Srinu possessed Nokia cell phone with SIM No.09980187664. Deceased, who is the uncle of LW.6, took the said phone from him and utilized the same. Accused is ambitious to earn money in gambling. While leaving to Narasaraopet from Bangalore, the deceased requested him to secure men to do coolie work at Bangalore and inform him that he would come with cash to take the coolies. The accused returned to Narasaraopet with his wife. Thereafter, he developed a plan in his mind to call the deceased with money so as to pay the same to coolies and to kill him and steal the cash from him. Accused met LW.4, who used to supply labour, on 31.12.2006 and informed him that the deceased need labour to work in Bangalore and asked him to supply them. LW.4 accepted for the said proposal and advised the accused to call the deceased. Accused, accordingly called the deceased by phone and asked him to come to Narasaraopet and take the labour. On 01.01.2007, the deceased left Bangalore along with cash of Rs.10,000/- with cell phone of LW.6 in his possession, reached Narasaraopet on 02.01.2007 and met the accused at 10 AM. When the deceased was in the company of accused at 06:00 AM on 02.01.2007, LW.2, wife of the deceased, spoke with them. On the intervening night of 02/03.01.2007 at 01:30 AM the accused and deceased came to LW.4 and woke up him and discussed about the labour. LW.4 promised to gather labour on the next day and send them. Then, accused proposed to go to Addanki major canal to answer calls of nature and deceased followed him. Accused picked up a stout stick of 3 feet length at the house of LW.4 by saying to LW.4 that it is necessary to drive away the barking dogs. Later, after their departure, LW.4 entertained a doubt as to how much coolie to be paid to a woman and to a child and to clear doubt before securing labour, went to Addanki major canal and by the time he reached the Addanki major canal, accused was beating the deceased with the stick picked in front of his house. LW.4 rushed to rescue the deceased. By the time, the deceased fell down with bleeding injuries. Accused threatened to kill LW.4 if he reveals the inciden