Andhra Pradesh High Court - Amravati
CRLRC/1246/2008 on 15 February, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
CRL.R.C.1246 OF 2008
ORDER:-
Questioning the judgment passed by the learned Principal
Sessions Judge, West Godavari at Eluru, dated 14-02-2008 in
Crl.A.No.52 of 2008, the petitioner/accused filed the present
Criminal Revision Case.
2. The brief facts of the case are as follows:-
Accused Nos.1 and 2 and Lw.1 are residents of Sriparru
Village. On 29-10-2005 an altercation took place between the
accused and Pw.1 and the accused beat Pw.1 with hands and
legs and thereby caused injury to his right leg. Pw.1 was
admitted into Government Hospital where his statement was
recorded by the police. On the basis of the same, a case in
Cr.No.385 of 2005 was registered for the offence punishable
under Section 325 IPC. After completion of investigation, the
police filed charge sheet and the case was numbered as CC 1025
of 2005 on the file of the Court of II Additional Judicial
Magistrate of First Class, Eluru.
3. In support of the case of the prosecution, Pws.1 to 8 were
examined and marked Exs.P-1 to P-5 and no evidence was
adduced on behalf of the accused.
4. After completion of trial, the II Additional Judicial
Magistrate of First Class while acquitting Accused No.1, convicted
Accused No.2 for the offence punishable under Section 325 IPC
and sentenced him to undergo Rigorous Imprisonment for a
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period of one year and also to pay a fine of Rs.500/-, in default
to undergo simple imprisonment for one month.
5. Questioning the said conviction and sentence, the
petitioner preferred Criminal Appeal No.52 of 2008 on the file of
Principal Sessions Judge, West Godavari at Eluru. The appellate
court after an elaborate discussion, set aside the conviction
under Section 325 IPC instead convicted the petitioner under
Section 324 IPC and sentenced him to suffer Rigorous
Imprisonment for a period of six(6) months by maintaining the
fine amount imposed by the trial court. Aggrieved by the same,
the present Criminal Revision Case is filed.
6. Heard Sri C.Sharan Reddy, learned counsel for the
petitioner and Sri Soora Venkata Sainath, learned Special
Assistant Public Prosecutor.
7. As seen be seen from the record, the evidence of Pw.1,
who is the injured person in this case, cannot be brushed aside.
His version was supported by other witnesses also besides
corroborated by the medical evidence. In such circumstances,
this court is not inclined to interfere with the said conviction.
However, taking into consideration that the incident took place in
the year 2005 i.e., 17 years back and as the injuries received by
Pw.1 are only a minor and even according to the prosecution the
accused beat him with hands and legs, this court is inclined to
reduce the sentence of imprisonment alone.
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8. In that view of the matter, the Criminal Revision Case is
dismissed confirming the conviction imposed by the appellate
court. However, in view of the above facts and circumstances,
the sentence of imprisonment of six(6) months is reduced to a
period already undergone by the petitioner/accused while
maintaining the fine amount imposed by the both the courts
below.
Miscellaneous Petitions pending, if any, shall stand closed
in consequence.
__________________
K.SURESH REDDY,J
15-02-2022
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TSNR
