Mudawath Ramulu Bala Ramulu,A1, ... vs The State Of A.P., Rep. By P.P., ...
2022 Latest Caselaw 3749 Tel

            HON'BLE SRI JUSTICE K.SURENDER

            CRIMINAL APPEAL No.1628 OF 2009
JUDGMENT:

1. The appellants 1, 2, 4 to 6 were tried for the offence

under Sections 307 and 323 of IPC r/w Section 34 of IPC.

However, A1 and A2 were convicted for the offence under

Section 323 of IPC and sentenced to undergo RI for six months

and to pay fine of Rs.500/- each, in default, to suffer SI for

two months. A4 to 6 were found not guilty for the offence

under Sections 307 and 323 of IPC, and accordingly, they were

acquitted vide judgment in SC No.26 of 2006 dated

29.10.2009 passed by the V Additional District and Sessions

Judge (FTC), R.R.District. Aggrieved by the same, the present

appeal is filed by A1 and A2.

2. The case of the prosecution is that while P.W.1 was

having dinner, A1 started abusing him on the ground that

somebody threw stones at his house. P.W.1 informed that he

did not throw stones at his house. However, A1 took a stick

and beat P.W.1 on his head. Thereafter, A2 beat P.W.1 with

stick on the head of P.W.1. A3(died) and A4 also beat P.W.1 for

which reason, a complaint was lodged by P.W.1. P.W.2 is the

wife of P.W.1, who corroborated the version of P.W.1 and

stated that the accused beat her husband. P.Ws.3 and 4 also

stated that the accused beat P.W.1.

3. The trial Court having found that there was no attempt to

murder, acquitted all the accused under Section 307 of IPC.

4. P.W.6, the Doctor who examined P.W.1 stated that he

found five injuries and Ex.P3 is the certificate and that the

said injuries are simple in nature.

5. There cannot be any dispute regarding P.W.1 being

injured in the hands of the accused, which are appellants 1

and 2. In the back ground of the injuries being received by

P.W.1 being simple in nature and the incident occurred 18

years ago, I am inclined to reduce the sentence of

imprisonment already undergone by the accused.

6. In the result, the judgment of the trial Court in SC No.26

of 2006 dated 29.10.2009 is confirmed. However, the sentence

of imprisonment is reduced to the period already undergone.

7. Accordingly, the Criminal Appeal is partly allowed. As a

sequel thereto, miscellaneous petitions, if any, pending, shall

stands closed.

__________________ K.SURENDER, J Date: 15.07.2022 kvs

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.1628 OF 2009

Date: 15.07.2022.

kvs