The main legal point established in the judgment is the affirmation of the conviction and sentence under Section 411 of the Indian Penal Code based on the consistent and convincing evidence of possession of stolen property presented by the prosecution.

JUDGMENT :

A.V. RAVINDRA BABU, J.

1. This Criminal Appeal is filed by the appellant, who was the Accused No. 1 (A.1) in Sessions case No. 58 of 2009, on the file of IV Additional District & Sessions Judge, Visakhapatnam (“Additional Sessions Judge” for short), challenging the judgment, dated 14.09.2010, where under the learned Additional Sessions Judge found the A.1/present appellant along with A.2 guilty of the charge under Section 411 of the Indian Penal Code (“I.P.C.” for short) in alternative to Section 379 of I.P.C., convicted them under Section 235(2) of the Code of Criminal Procedure (“Cr.P.C.” for short) and after questioning them about the quantum of sentence, sentenced them to suffer rigorous imprisonment for two years each. The learned Additional Sessions Judge found the present appellant and A.2 not guilty of the charges under Sections 302 and 379 of I.P.C. and accordingly, acquitted them under Section 235(1) of Cr.P.C. Felt aggrieved of the same, the unsuccessful A.1 with regard to the charge under Section 411 of I.P.C. filed the present Criminal Appeal.

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

3. When this appeal is coming for hearing, the Registry placed information that insofar as A.2 is concerned, he did not file any appeal.

4. The Sessions Case No. 58 of 2009, on the file of IV Additional District & Sessions Judge, Visakhapatnam, arose out of a committal order passed in P.R.C. No. 1 of 2008, on the file of III Metropolitan magistrate, Visakhapatnam.

5. The State, represented by the Inspector of Police, Gopalapatnam Circle, Visakhapatnam city, filed charge sheet in Crime No. 48 of 2007 of Pendurthi Police Station, alleging in substance that A.1 is a private electrician and he was attending to the electrical works and repairs of the shop of one Penumatsa Balarama Raju (hereinafter will be referred to as “deceased”). Taking advantage of the same, the deceased was visiting the house of A.1 and meeting the wife of A.1 in his absence. A.1 was suspecting that the deceased had illegal contact with his wife and decided to do away the life of the deceased. He sought the assistance of A.2 in the commission of offence. In pursuance of their plan, A.1 and A.2 took the deceased in an Auto bearing No. A.P.31W 7853 of A.2, to a newly laid VUDA Road at Arilova on 03.02.2007 at 10-30 p.m., on the pretext of supplying of ladies to the deceased for his sexual intercourse. There, A.1 picked up a stone and crushed the head of the deceased and also cut the throat of the deceased with a blade and A.2 also slit the throat of the deceased with a blade and later they committed theft of gold chain, gold bracelet, gold ring and Nokia cell phone from the deceased and shared the booty between them. Earlier the deceased was sitting in front of his shop, P.W.1 and others were attending to work the shop. Later while the deceased was found missing on the night of 03.02.2007, Smt. P. Subbalaxmi, wife of deceased, lodged a complaint with Pendurthi Police, who registered the same as F.I.R. under man-missing case and on the next day on coming to know lying of dead body near the newly laid VUDA road at Arilova, P.W.1 and others went and noticed the dead body of the deceased and lodged another complaint. Basing on the complaint of P.W.1, Pendurthi Police altered section of law and took up investigation and visited the scene of offence and seized Material Objects there. Later, he held inquest over the dead body in the presence of panch witnesses and sent the same for autopsy. During the course of investigation, the Inspector of Police arrested A.1 on 10.05.2007 at Gajuwaka bus stop, NAD Kotha Road Junction, in the presence of panchas. The Inspector of Police seized gold chain from the possession of A.1 and he also seized blood stained pant and T-shirt from his house in the presence of panchas under cover of mediators’ report. In pursuance of the confession of