Telangana High Court
Gandikota Pedda Narsimulu, vs The State Of Ap Rep By Its Pp Hyd., on 13 March, 2024
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL REVISION CASE No.1480 of 2013
ORDER:
The present criminal revision case is filed seeking to call for the records and set aside the order of the learned VI Additional District and Sessions Judge, Medak at Siddipet in Crl.A.No.51 of 2011, dated 11.07.2013 confirming the order of the learned Assistant Sessions Judge, Siddiept in S.C.No.392 of 2010, dated 23.08.2011.
2. There was no representation on behalf of the petitioner on 06.03.2024. Even today also there is no representation on behalf of the petitioner/accused No.1. Therefore, this Court is inclined to proceed with the matter on merits of the case as per the decision of the Hon'ble Apex Court in "Bani Singh and others Vs. State of Uttar Pradesh 1", wherein it was categorically held that the High Court cannot dismiss any 1 (1996) 4 Supreme Court Cases 720 2 appeal for non-prosecution simpliciter without examining the merits.
3. The case of the prosecution is that on 11.10.2010 at about 5.00 PM, the Pw.1 lodged a complaint before the police, Bhoompally stating that on 10.10.2010 at about 05.00 PM, her father-in-law/Mallaiah i.e., Pw.6 asked for due amount of Rs.8,000/- from accused No.1, on that accused No.1 because of his previous enmity beat Pw.6 with stick on his back and on his left hand and abused him in filthy language. On seeing it, Lw.5/Chinna Narsimulu intervened. Then, accused No.1 beat him with an axe on his head and on his left hand and caused bleeding injuries. Pw.1 and her son Anil intervened. After that accused Nos.2 and 3 abused Pw.1, Pw.5 in filthy language and beat them with hands. Pws.3 and 4 witnessed the incident. On basis of the complaint, police registered FIR. After completion of investigation charge sheet was filed against the petitioner/accused No.1 for the offences punishable under 3 Sections 307, 323 and 504 r/w 34 of IPC and he was tried for the aforesaid offences.
4. In support of its case, the prosecution examined PWs.1 to 9 and got marked Exs.P1 to P6 and MOs.1 and 2.
5. After appreciating the oral and documentary evidence on record, the learned Magistrate found the accused No.1 guilty of the offence punishable under Section 324 of IPC sentenced him to undergo Simple Imprisonment for a period of one (01) year and to pay a fine of Rs.2,000/-, in default to suffer simple imprisonment for a period of thirty (30) days. Aggrieved by the same, the accused preferred Crl.A.No.51 of 2011 before the Court of the learned VI Additional District and Sessions Judge, Medak at Siddipet. By its judgment dated 11.07.2013, the appellate Court confirmed the conviction and sentence imposed by the trial Court. Challenging the same the present revision is filed.
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6. Heard the learned Assistant Public Prosecutor for the respondent-State and perused the record.
7. There is concurrent finding of both the Courts below with regard to guilt of the revision petitioner/accused and the learned counsel for the revision petitioner/accused has also not shown me anything, which would discredit the evidence. Therefore, no interference is warranted as far as conviction is concerned, but with regard to the sentence, it may be mentioned that the offence took place in the year 2010 and almost 14 years have passed and during this period the revision petitioner/accused must have repented for what he did. In these circumstances and in the interest of justice, it is expedient to reduce the sentence of imprisonment to the period already undergone by the revision petitioner/accused, while maintaining the fine imposed by the trial Court against him.
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8. The Criminal Revision Case is dismissed confirming the conviction imposed by the trial Court, which was confirmed by the appellate Court. However, the sentence of simple imprisonment for a period of one year for the offence under Section 324 IPC is reduced to the period already undergone by the revision petitioner/accused.
Pending miscellaneous applications, if any, shall stand closed.
____________________________ JUSTICE E.V.VENUGOPAL Dated: 13.03.2024 mmr/gvl