Kurukonda Doraswamy Naidu, vs Rasiraju Dharma Raju And 2 Others,
2022 Latest Caselaw 9756 AP

Citation : 2022 Latest Caselaw 9756 AP
Judgement Date : 20 December, 2022

Andhra Pradesh High Court - Amravati

Kurukonda Doraswamy Naidu, vs Rasiraju Dharma Raju And 2 Others, on 20 December, 2022

        HIGH COURT OF ANDHRA PRADESH :: AMARAVATHI

             CRIMINAL REVISION CASE No.881 OF 2007

                         PROCEEDING SHEET

Sl.                                                                            OFFICE
        DATE                             ORDER
No.                                                                             NOTE
20)   20.12.2022 AVRB, J:
                         While perusing the record to prepare
                 the order, certain facts are noticed.

                         Originally, respondent Nos.1 and 2

faced charges for the offences under Sections 307 and 324 R/w.34 IPC before the Court below. After full-fledged trial, the

herein guilty for the offence under Section 324 R/w.34 IPC and convicted and sentenced them while acquitting under Section 307 IPC.

De-facto complainant/PW.1 filed this Criminal Revision Case challenging the impugned order to the extent of their acquittal under Section 307 IPC.

The proceeding sheet discloses that on 03.11.2020, this Court asked the petitioner's counsel to clarify whether respondent Nos.1 and 2 preferred any Appeal challenging their conviction and sentence under Section 324 R/w.34 IPC and also status of the Appeal, if any, pending. Later, on 06.09.2021 and

17.11.2021 also necessary instructions were given to the learned Public Prosecutor concerned to clarify the issue but, without giving any clarification, the parties i.e., revision petitioner as well as respondent No.3 advanced their arguments. Respondent Nos.1 and 2 are not contesting the matter. So, still, there is no information as to whether respondent Nos.1 and 2 filed Appeal before the concerned Sessions Court challenging their conviction and sentence under Section 324 R/w.34 IPC and, if so, the status of such Appeal.

So, as the Criminal Revision Case and the right of respondent Nos.1 and 2 to challenge the conviction arose out of the judgment before the Court below, it is necessary that this Court shall be furnished with proper information regarding the result of Appeal, if any, of respondent Nos.1 and 2.

Hence, the revision petitioner as well as the respondent No.3 is requested to place necessary clarification before this Court to proceed further.

List the matter on 04.01.2023.

____________ AVRB, J Dsh