Basavaraj, vs The State Of Ap Rep By Its Pp Hyd.,

              HON'BLE SRI JUSTICE K.SURENDER

              CRIMINAL APPEAL No.954 OF 2010

JUDGMENT:

This Criminal Appeal is filed by the Appellant/Accused No.2 aggrieved by the conviction recorded by the II Additional Metropolitan Sessions Judge at Hyderabad, in S.C.No.69 of 2010, dated 30.06.2010, convicting the appellant/A2 for the offence punishable under Section 324 of the Indian Penal Code; and sentence of simple imprisonment for a period of six months and a fine of Rs.100/-.

2. Heard and perused the record.

3. The case against the appellant/A2 is that he along with Accused No.1, on 24.01.2008 at evening hours, caught hold of PW1 and Accused No.1 beat PW1 on his head with a stick and the appellant/A2 herein slapped him on his cheek.

4. On the basis of the said complaint, a crime was registered under Section 324 r/w.34 of the Indian Penal Code, however, after investigation, the Police filed charge sheet under Section 307 r/w.34 of the Indian Penal code.

5. Learned Sessions Judge having examined PWs.1 to 5 and marking Exs.P1 to P6, found Accused No.1 and this appellant/A2 were guilty of the offence under Section 324 of the Indian Penal Code and sentenced to six months simple imprisonment.

6. Learned Counsel for the appellant/A2 would submit that all the allegations are against Accused No.1 and except the presence of this appellant at the scene, there is nothing specifically attributed to infer that this appellant has committed offence under Section 324 of the Indian Penal Code.

7. As seen from the evidence on record, the only allegation against this appellant is that he had slapped PW1 with hands. For the said reason, the sentence of imprisonment against this appellant can be reduced to the period already undergone.

8. Accordingly, the Criminal Appeal is partly allowed and the sentence of imprisonment of the appellant is reduced to the period already undergone.

Miscellaneous applications, if any, pending shall stand dismissed.

__________________ K.SURENDER, J Dt.:08.11.2022 tk 3 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No. 954 OF 2010 Dt. 08.11.2022 tk