JUDGMENT:

1) Accused 1 to 4, in Sessions Case No.185 of 2013 on the file of the learned VIII Additional District and Sessions Judge, Vijayawada, are the appellants herein. They are tried for the offence punisha- ble under Section 397 Indian Penal Code, 1860 [for short, "I.P.C."].

2) Vide Judgment, dated 29.01.2016, the learned Sessions Judge convicted the Accused 1 to 4 under Section 235(2) of Cr. P.C. Ac- cordingly, A.1 to A.3 are sentenced to undergo Rigorous Impri- sonment for Six (6) Months each, and A.4 is sentenced to undergo Rigorous Imprisonment for Three (3) Months for the offence under Section 411 of I.P.C.

3) For convenience, the parties will be referred to as arraigned before the Sessions Court.

4) The facts, as culled out from the evidence of prosecution wit-

nesses, are as under:-

(a) According to P.W.1-M. Rajyalakshmi, on 24.02.2012, her daughter's marriage was performed. As there were some finan- cial problems, her husband went to mortgage Gold Waist Belt/M.O.1. According to her, on 12.02.2012, her husband started at 7.00 PM along with M.O.1, and by that time, P.W.1 went to her relative's house; On the next day at about 5.30 or 6.00 AM, P.W.1 received a phone call from Machavaram Police Station that her husband sustained injuries due to attack. She went to the Government Hospital, Vijayawada and noticed her husband was unconscious with bleeding injuries on his neck etc. Due to the doctors' strike, she took her husband to Ongole Hospital for better treatment. She lodged a report to the Police under Ex.P1.

(b) According to P.W.11-Ch.Mahesh Babu, the then Head Consta-

ble, Out Post Police Station, G.G.H., Vijayawada, that he re- ceived hospital intimation from Government Hospital, Vijaya- wada, that one person was in an unconscious state, and he went there and received Ex.P1 report from P.W.1, and he for- warded the same to Machavaram Police Station on the point of jurisdiction.

(c) According to P.W.9- Syed Rasool, Asst. Sub Inspector of Police, that he received Ex.P1 report lodged by P.W.1, from P.W.11- Head Constable, Out Post Police Station, G.G.H., Vijayawada. Based on the same, he registered a case in Crime No.94 of 2012 for the offence under Section 394 I.P.C., and issued Ex.P4-First Information Report.

(d) According to P.W.12-N. Satyanandam, Inspector of Police, on receiving a copy of the Ex.P1 report and Ex.P4-F.I.R., he took up an investigation. According to him, on 13.02.2012, he vi- sited the Government Hospital, and later, he visited the scene of offence and prepared Ex.P2-Observation Report and Ex.P6-

Rough Sketch and seized M.Os.2 to 5.

(e) According to P.W.8-Dr. M. Anjaneyulu, who issued a Wound Certificate to the injured, said that on 14.02.2012 at about 6.00 PM, he examined the injured and found a cut injury in the middle of the neck, cut injury on the right wrist on the medial aspect; cut injury on the phalanx of left index finger edges clear and swelling pain and tenderness on left wrist. According to him, Injury No.4 was grievous out of four injuries, and he got issued Ex.P3-Wound Certificate.

(f) According to P.W.2-M. Nageswara Rao, brother-in-law of P.W.1 that L.W.6-M. Venkaiah was his younger brother, who died; they had two children. The deceased informed PW.2 that he was going to Hyderabad to bring money from his friends. Ac- cording to him, P.W.1 informed him that his deceased brother was in the Government Hospital, Vijayawada, in an uncons-

cious stage with injuries.

(g) According to P.W.3-G. Jamindar, the neighbour at the scene of the offence, said that at about 3.30 or 4.00 AM on 13.02.2012, he heard the cries from outside and that he, along with P.W.6- Narayana came out and observed that three persons were beat- ing one person near bus stop and that they shouted and ob- served three persons were proceeding with one briefcase on the bike; later they all went to the scene of offence and found the said person was in unconscious in a pool of blood.

(h) According to P.W.5-M. Harisha, daughter of P.W.1, s