Telangana High Court
Thummala Gopal And 2 Others vs The State Of A.P. on 18 April, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
I.A.Nos. 1 and 2 of 2024
in/and
CRL.A.No.888 of 2011
COMMON ORDER:
The Criminal appeal is filed by the petitioners/A1 to A3 questioning the conviction order passed in S.C.No.59 of 2009 on the file of the learned Special Sessions Judge for Trial of Cases under SCs and STs (POA) Act-cum-VII Additional District and Sessions Judge, Mahabubnagar. The offences alleged against the petitioners are under Section 3(1)(x) of the SCs and STs (POA) Act, 1989(for short 'the Act').
2. Heard learned counsel appearing on both sides and learned Assistant Public Prosecutor for the State. Perused the record.
3. Briefly, the case of the prosecution is that the accused No.1 eloped with the daughter of one Allu Venkat Reddy. A1 to A3 threatened the complainant not to work under said Allu Venkat Reddy. However, when, the de-facto complainant went to the house of said Allu Venkat Reddy to put on the lights, on seeing him, A1 to A3 who were present by the side of house of Allu Venkat Reddy picked up quarrel and abused him in the name of his caste.
KS, J Crl.A_888_2011 2
4. Learned Special Judge, after examining witnesses found that the accused had abused P.W.1 in the name of his caste and accordingly, convicted them under Section 3(1)(x) of the Act.
5. It is informed that pending the appeal, Accused No.2 died. Accordingly, case against accused No.2 is abated.
6. The parties have approached this Court and filed I.A.No.1 of 2024 to grant leave to the proposed petitioner/complainant to come on record in Crl.A.No.888 of 2011. I.A.No.2 of 2024 is filed by the de- facto complainant and the accused along with the compromise memo to set aside the judgment dated 20.07.2011 in S.C.No.59 of 2009. Petitioners are seeking intervention of this Court to compromise the case.
7. Since the case is of the year 2008 and the parties belong to the very same village, this Court is inclined to accept the prayer for compromise. Accordingly, I.A.Nos.1 and 2 of 2024 are allowed. Consequently, this Criminal Appeal is allowed. The conviction of appellants in S.C.No.59 of 2009 on the file of the learned Special Sessions Judge for Trial of Cases under SCs and STs (POA) Act-cum-
KS, J Crl.A_888_2011 3 VII Additional District and Sessions Judge, Mahabubnagar against the petitioners/Accused Nos.1 and 3 is hereby set aside. Appellants/petitioners undertakes to pay an amount of Rs.10,000/- (Rupees Ten Thousand Only) to the Telangana High Court Advocates Association, Hyderabad, within a period of two (02) weeks from today and file proof of the same before the Registry.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
_________________ K.SURENDER, J Date: 18.04.2024 Lpd