The State Of A.P, Rep By The Public ... vs Morra Sudarshan, S/O Bhumanna
2021 Latest Caselaw 588 Tel

                HONOURABLE JUSTICE G. SRI DEVI

                CRIMINAL APPEAL NO.1057 OF 2009

JUDGMENT:

This appeal is preferred by the State against the judgment of

the learned Assistant Sessions Judge at Adilabad, for

enhancement of the sentence awarded in S.C.No.341 of 2006 dated

17.08.2007, whereby, the respondents/A-1, A-2 and A-4 were

convicted for the offence punishable under Section 324 of the

Indian Penal Code (IPC) and sentenced to pay a fine of Rs.1,000/-

each, in default to suffer rigorous imprisonment for two months.

The respondents/A-1 to A-5 were acquitted for the offence

punishable under Section 307 IPC.

The case of the prosecution, in brief, is that on 08.01.2006

at 9.15 pm the complainant lodged a complaint stating that at

about 7.00 pm the respondents/A-1 to A-5 went to the house of

the complainant with an intention to kill the family members of the

complainant, beat the complainant and his sons with sticks and

iron rods on their heads and caused bleeding injuries due to

previous enmity.

On appearance of the accused, charge under Section 307

IPC came to be framed, read over and explained to the accused, to

which they pleaded not guilty and claimed to be tried.

The prosecution, in order to prove its case, examined P.Ws.1

to 10 and got marked Exs.P1 to P9 and MOs 1 and 2. After closure

of the prosecution evidence, the accused were examined under

Section 313 Cr.P.C. No oral or documentary evidence was adduced

on behalf of the accused.

The trial Court, on appraisal of entire evidence both oral and

documentary, held that the prosecution has proved the offence

under Section 324 IPC against A-1, A-2 and A-4 and accordingly

convicted and sentenced them as stated supr. Aggrieved by the

same, the State preferred this appeal for enhancement of sentence.

Heard and perused the record.

The State has not filed any appeal against the acquittal of

the respondents/A-1 to A-5 for the offence punishable under

Section 307 IPC. This appeal relates to the offence committed by

the respondents/A-1, A-2 and A-4 under Section 324 IPC, whereby

the State seeks enhancement of punishment.

From the evidence of P.Ws.1 to 10, it is clearly established

that the incident occurred at the house of P.W.1 and P.W.1

sustained injury in the hands of A-1, P.W.2 sustained injury by

A-2 and A-4. The ingredients of Section 307 IPC are not

established since the weapon used is stick, as admitted by the

witnesses. Therefore, in this view of the matter, the trial Court was

right in imposing fine against A-1, A-2 and A-4.

Hence, the Criminal Appeal is dismissed confirming the

judgment dated 17.08.2007 passed in S.C.No.341 of 2006 on the

file of the Assistant Sessions Judge at Adilabad.

Miscellaneous applications, if any, pending shall stand

dismissed.

_________________ (G. SRI DEVI, J)

25th February 2021 RRB