Telangana High Court
Gandikota Pedda Narsimulu, vs The State Of Ap Rep By Its Pp Hyd., on 13 March, 2024
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL REVISION CASE No.1480 of 2013
ORDER:
The present criminal revision case is filed seeking to call
for the records and set aside the order of the learned VI
Additional District and Sessions Judge, Medak at Siddipet in
Crl.A.No.51 of 2011, dated 11.07.2013 confirming the order of
the learned Assistant Sessions Judge, Siddiept in S.C.No.392 of
2010, dated 23.08.2011.
2. There was no representation on behalf of the petitioner
on 06.03.2024. Even today also there is no representation on
behalf of the petitioner/accused No.1. Therefore, this Court is
inclined to proceed with the matter on merits of the case as per
the decision of the Hon'ble Apex Court in "Bani Singh and
others Vs. State of Uttar Pradesh 1", wherein it was
categorically held that the High Court cannot dismiss any
(1996) 4 Supreme Court Cases 720
appeal for non-prosecution simpliciter without examining the
merits.
3. The case of the prosecution is that on 11.10.2010 at about
5.00 PM, the Pw.1 lodged a complaint before the police,
Bhoompally stating that on 10.10.2010 at about 05.00 PM, her
father-in-law/Mallaiah i.e., Pw.6 asked for due amount of
Rs.8,000/- from accused No.1, on that accused No.1 because of
his previous enmity beat Pw.6 with stick on his back and on
his left hand and abused him in filthy language. On seeing it,
Lw.5/Chinna Narsimulu intervened. Then, accused No.1 beat
him with an axe on his head and on his left hand and caused
bleeding injuries. Pw.1 and her son Anil intervened. After that
accused Nos.2 and 3 abused Pw.1, Pw.5 in filthy language and
beat them with hands. Pws.3 and 4 witnessed the incident. On
basis of the complaint, police registered FIR. After completion
of investigation charge sheet was filed against the
petitioner/accused No.1 for the offences punishable under
Sections 307, 323 and 504 r/w 34 of IPC and he was tried for
the aforesaid offences.
4. In support of its case, the prosecution examined PWs.1 to
9 and got marked Exs.P1 to P6 and MOs.1 and 2.
5. After appreciating the oral and documentary evidence
on record, the learned Magistrate found the accused No.1
guilty of the offence punishable under Section 324 of IPC
sentenced him to undergo Simple Imprisonment for a period
of one (01) year and to pay a fine of Rs.2,000/-, in default to
suffer simple imprisonment for a period of thirty (30) days.
Aggrieved by the same, the accused preferred Crl.A.No.51 of
2011 before the Court of the learned VI Additional District and
Sessions Judge, Medak at Siddipet. By its judgment dated
11.07.2013, the appellate Court confirmed the conviction and
sentence imposed by the trial Court. Challenging the same the
present revision is filed.
6. Heard the learned Assistant Public Prosecutor for the
respondent-State and perused the record.
7. There is concurrent finding of both the Courts below
with regard to guilt of the revision petitioner/accused and the
learned counsel for the revision petitioner/accused has also
not shown me anything, which would discredit the evidence.
Therefore, no interference is warranted as far as conviction is
concerned, but with regard to the sentence, it may be
mentioned that the offence took place in the year 2010 and
almost 14 years have passed and during this period the
revision petitioner/accused must have repented for what he
did. In these circumstances and in the interest of justice, it is
expedient to reduce the sentence of imprisonment to the
period already undergone by the revision petitioner/accused,
while maintaining the fine imposed by the trial Court against
him.
8. The Criminal Revision Case is dismissed confirming the
conviction imposed by the trial Court, which was confirmed
by the appellate Court. However, the sentence of simple
imprisonment for a period of one year for the offence under
Section 324 IPC is reduced to the period already undergone by
the revision petitioner/accused.
Pending miscellaneous applications, if any, shall stand
closed.
____________________________
JUSTICE E.V.VENUGOPAL
Dated: 13.03.2024
mmr/gvl
