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 prosecuti