Moremreddy Penchala Reddy vs The State Of Andhra Pradesh
2023 Latest Caselaw 112 AP

HIGH COURT OF ANDHRA PRADESH

MAIN CASE No: CRL. A. No. 604 of 2022

PROCEEDING SHEET

Sl. OFFICE No. DATE ORDER NOTE

03. 05.01.2023 CPK, J & BSS,J I.A. No. 1 of 2022 In Tr. to I/O.

Crl. A. No. 604 of 2022

1) The Petitioners/Appellants Nos. 1 to 3,

who are Accused Nos.1 to 3 filed the present

application under Sections 389(1) Cr.P.C.

seeking bail, pending disposal of the Criminal

Appeal No. 604 of 2022.

2) Originally, these three accused were tried

for the offences punishable under Sections 326

r/w. 34; 341 read with 34; 307 read with 34;

324 r/w. 34 I.P.C. and Sections 3(2)(v) and

3(2)(va) of the SCs and STs (POA) Act.

3) By its Judgment, dated 18.11.2022, the

learned Sessions Judge, convicted the accused

for the offences punishable under Section 307

read with 34 I.P.C. and Sections 3(2)(v) and

3(2)(va) of the SCs and STs (POA) Act, and also

for the offence punishable under Section 324

r/w. 34 of I.P.C. However, the

Petitioners/Accused Nos. 1 to 3 were found not

guilty of the charges under Section 326 r/w. 34

and 341 r/w. 34 I.P.C. While convicting the

accused for the above said offences, the

following sentences are imposed:

a) Accused Nos. 1 to 3 to undergo rigorous

imprisonment for a period of seven [07]

years of and to pay a fine of Rs.10,000/-

each for the offence punishable under

Section 307 r/w. 34 I.P.C.

b) Accused Nos. 1 to 3 to suffer rigorous

imprisonment for a period of two [02]

years for the offence punishable under

Section 324 r/w. 34 I.P.C.

c) Accused Nos. 1 to 3 to undergo life

imprisonment and to pay a fine of

Rs.10,000/- each for the offence

punishable under Section 3(2)(v) of SCs

and STs (POA) Act. They were also

sentenced to undergo rigorous

imprisonment for a period of two [02]

years for the offence punishable under

Section 3(2)(v)(a) of SCs and STs (POA)

Act.

4) Sri. Siva Prasad Reddy Venati, learned

Counsel appearing for the Petitioners/Accused

Nos. 1 to 3 would submit that, having imposed

a sentence of seven [07] years for the offence

punishable under Section 307 r/w. 34 I.P.C.,

the Court could not have sentenced the

Petitioners/Accused Nos. 1 to 3 for life for the

same offence/incident and for same allegation

under Section 3(2)(v) of SCs and STs (POA) Act.

Hence, pleads that, it is a fit case where the

intervention of the Court is very much essential

for grant of bail.

5) The learned Additional Public Prosecutor

opposed the same.

6) The facts, in issue, are as under:

i. The Accused belongs to forward

Community, while PW1 belongs to

Scheduled Caste. The Accused and PW1

had long acquaintance and are known to

each other.

ii. The incident in question took place on

03.02.2017 at 4.00 P.M. On that day,

while PW1 was going to his fields on his

bike and when he reached near the house

of the accused, A2 caught hold of him,

beat him with hands on the left side of

the back of his neck, saying "is our cattle

grazing your crop"? When PW1 caught

hold of A2's hand trying to avoid the

attack, A3 came there and demanded him

to leave his brother. In the meanwhile, A1

came and hacked PW1 with an axe on the

back of his head, as a result of which, he

received bleeding injury. When A1 again

tried to attack with an axe, PW1 held A2

as a shield, but A1 again hacked on his

neck and then A1 and A2 beat his on his

back. With a fear of threat to his life, PW1

left that place and while he was walking

toward his house, PW2 and another

shifted him to Government Hospital,

Atmakur.

iii. The findings given by the learned

Sessions Judge in paragraph No.18 are

as under:

"........ Therefore, A1 to A3, not being the members of a Scheduled Caste or a Scheduled Tribe, having committed the offence under Section 307 r/w 34 I.P.C. which is punishable with imprisonment for a term of ten years or more, against the member of a Schedule Caste, are liable for punishment under Section 3(2)(v) of the SCs & STs (POA) Act."

7) From the above findings, it is clear that

the conviction is for an offence punishable

under Section 307 r/w. 34 I.P.C. but, since, it

was committed on a person belonging to

'Scheduled Caste and Scheduled Tribe',

invoking Section 3(2)(v) of SCs & STs (POA) Act,

sentenced the accused to imprisonment for life

while awarding a sentence of seven [07] years

for the offence punishable under Section 307

r/w. 34 I.P.C.

8) Having regard to the above, the argument

of the learned Counsel for the Petitioners that,

the Court ought not to have awarded

imprisonment for life, when already sentence of

seven [07] years was awarded for the offence

punishable under Section 307 r/.w 34 I.P.C., in

our view, cannot be brushed aside and requires

consideration at length.

9) Having regard to the above, the execution

of sentence of imprisonment imposed against

the Petitioners/Accused Nos. 1 to 3 in Sessions

Case No.81 of 2017, dated 18.11.2022, on the

file of the Special Judge for Trial of Offences

under SCs & STs (POA) Act-cum- V Additional

District and Sessions Judge, Nellore, is

suspended, pending disposal of the appeal and

the Petitioners/Accused Nos. 1 to 3 shall be

enlarged on bail on their executing a personal

bond for a sum of Rs.20,000/- [Rupees Twenty

Thousand Only] with two sureties each for a

like sum to the satisfaction of the Special Judge

for Trial of Offences under SCs & STs (POA)

Act-cum- V Additional District and Sessions

Judge, Nellore. However, the

Petitioners/Accused Nos.1 to 3 herein shall

report before the concerned Police Station once

in a month i.e., last Saturday of every month

between 10:00 A.M. and 5:00 P.M. till disposal

of the appeal and they shall be present before

the Court at the time of hearing of this appeal.

10) It is needless to mention that if the

Petitioners fails to appear before the Court at

the time of hearing the appeal or violated the

conditions imposed supra, liberty is given to the

learned Public Prosecutor to take steps

accordingly.

Accordingly, the I.A. is ordered.

_______ CPK,J

______ BSS,J Sm...-