Jalli Raju, Another, vs The State Of Ap Rep Byi Ts Pp Hyd.,
2022 Latest Caselaw 3647 Tel

         HONOURABLE SRI JUSTICE K.SURENDER

            CRIMINAL APPEAL No. 1210 of 2009


JUDGMENT:

1. The appellants were convicted under Section 325 IPC

and sentenced to undergo simple imprisonment for a period of

six months and to pay fine of Rs.500/-, in default, to undergo

simple imprisonment for a period 15 days.

2. The case of the prosecution is that on 16.01.2008, the

defacto complainant/P.W.1 and another person/P.W.2 left

Chelimilla village at about 4.00 p.m, and were returning to

their house. At that time, the appellants herein attacked

P.W.1 and pelted stones. Due to the attack on P.W.1, he lost

one tooth. Further PW1 and 2 were also abused in the name of

caste, for which reason, the present complaint was filed.

3. The prosecution, in all, examined eye witnesses/P.Ws.1

and 2 and found that no offence is made out under SCs & STs

(POA) Act however, the appellants are liable to be convicted

under Section 325 IPC as the accused pelted stones, which

resulted in PW1 losing one tooth.

4. Learned counsel for the appellants would submit that

false complaint was filed having regard to previous enmity. As

seen from the complaint itself, vague allegations about

abusing in the name of caste are made and the Court

disbelieved the version of P.Ws.1 and 2. Further the

appellants are now having families, who are dependent on

them. The incident having taken place 14 years ago, the Court

may accordingly, alter the sentence.

5. Learned Assistant Public Prosecutor submits that the

evidence is cogent and clear that the appellants have attacked

P.W.1 with stones resulting in injuries, as such, the conviction

is proper.

6. As seen from the evidence, P.Ws.1 and 2 specifically

stated that the appellants have attacked them, resulting in

tooth being broken. The prosecution also examined the

Doctor/P.W.9, who stated that there was abrasion on the

lower part of the left leg and injury was simple in nature,

however, there was loss of lower incisor teeth, which is

grivious in nature. From the evidence it cannot be said that

the appellants have been falsely implicated.

7. However, keeping in view that the incident had taken

place 14 years ago, the altercation was the result of the fight

at the spur of the moment, for which reason, the sentence of

imprisonment is reduced to the period already undergone.

8. Accordingly, the Criminal Appeal is disposed off. As a

sequel thereto, miscellaneous applications, if any, shall stands

closed.

________________

K.SURENDER, J Date: 12.07.2022 kvs

HONOURABLE SRI JUSTICE K.SURENDER

Criminal Appeal No.1210 OF 2009

Date:12.07.2022

kvs