Telangana High Court
Peetha Venkateshwar Raju And 2 Others vs The State Of A.P., on 8 January, 2025
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL REVISION CASE No.501 OF 2014
O R D E R:
This Criminal Revision Case is filed seeking to set
aside the order dated 06.03.2014 in Crl.A.No.76 of 2013 passed
by the Court of the Additional District and Sessions Judge at
Miryalaguda (for short, 'the appellate Court'), confirming the
judgment dated 17.05.2013 in C.C.No.773 of 2009 passed by the
Court of the Additional Judicial Magistrate of First Class at
Miryalguda (for shot, 'the trial Court).
2. Heard Sri N. Krishna Sumanth, learned counsel
for the revision petitioner, and Sri E. Ganesh, learned Assistant
Public Prosecutor appearing for respondent No.1 - State.
Perused the record.
3. The brief facts of the case are that on
12.02.2009 at 8:00 P.M., the complainant, namely Nadakudeeti
Durga Prasad lodged a report stating that on that day at about
1:30 P.M., he along with his brother-in-law, namely P. Venkata
Rama Raju left in Indica Car bearing No.AP-16- TV-8339 to visit
his brother-in-law's village at Haliya. At about 5.30 P.M., when
they reached near Thungapahad Bridge, brother of his brother-
in-law, namely Venkateshwara Raju (accused No.1) stopped their
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car. On that the car driver stopped the car, got down from the
car and asked him as to why he stopped their car. In the mean
time, accused No.1 beat the car driver with a stick on left hand
and due to which he fell on the road. At the same time, accused
No.1 and some others took his brother-in-law in the said car.
Basing on the contents of above complaint LW-12 Sk. Yousuf,
Assistant Sub Inspector of Police, Miryalaguda Police Station,
registered a case in Crime No.30 of 2009 of the offences under
Sections 324, 365 read with 34 of the Indian Penal Code, 1860
and investigated into the case. During the course of
investigation, he examined the complainant and recorded his
statement and referred him to the Government Area Hospital,
Miryalguda for treatment. Thereafter, he visited the scene of
offence and conducted panchanama in the presence of mediators
LW-6 - Podila Sreeenivas and LW-7 - Gandam Lingaiah and
drawn rough sketch. Thereafter, on 13.02.2009 LW-13 -
E. Ravinder, Sub-Inspector of Police, Miryalaguda Rural Police
Station, took up further investigation, examined and recorded
the statements of relevant witnesses, affected arrest of the
accused, recorded their confessional statement and recovered
the material objects and after completion of investigation, he
filed charge sheet against accused Nos.1 to 3 for the offences
punishable under Sections 326, 365 read with 34 of I.P.C. The
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trial Court taken cognizance for the offences punishable under
Sections 326 and 365 r/w 34 of I.P.C and numbered as the as
C.C.No.773 of 2009.
4. On behalf of the complainant, PWs.1 to 13 were
examined and Exs.P-1 to P-25 were marked. In defence, none
were examined and no documents were marked.
5. After hearing learned counsel for the respective
parties and after appreciation of evidence available on record,
the trial Court vide judgment dated 17.05.2013 convicted
accused Nos.1 to 3 for the offences punishable under Sections
326, 365 r/w 34 I.P.C and each accused was sentenced to
undergo Rigorous Imprisonment for a period of one year and also
directed to pay a fine of Rs.3,000/- each on each count, in
default, they were directed to undergo simple imprisonment for a
period of three months on each count.
6. Aggrieved by the said judgment dated
17.05.2013 in C.C.No.773 of 2009, the petitioners/appellants
preferred Crl.A.N.76 of 2023 before the appellate Court. The
learned appellate Court after re-appreciation of evidence and the
material facts placed before it and upon considering the
judgment dated 17.05.2012 in C.C.No.773 of 2009 of the trial
Court, vide judgment dated 06.03.2014 dismissed in Crl.A.No.76
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of 2023, while confirming the conviction and sentence imposed
against the petitioners by the trial Court. Assailing the same,
the petitioners/accused have filed the present Revision.
7. Learned counsel for the revision petitioners
contended that the trial Court as well as the appellate Court
failed to appreciate the evidence available on record in proper
perspective and passed the respective judgments, in a
mechanical manner. Therefore, he seeks to set aside the
impugned judgment.
8. On the other hand, the learned Assistant Public
Prosecutor opposed the same, contending that both the Courts
below upon appreciation of oral and documentary evidence
available on record in right perspective, passed the respective
judgments convicting and sentencing the petitioners/accused
Nos.1 to 3 for the offences punishable under Sections 326, 365
r/w 34 I.P.C and hence, interference of this Court is
unwarranted. Therefore, he seeks to dismiss the Revision.
9. In the case on hand, both the Courts have
concurrently held that the petitioners were guilty of the offences
punishable under Sections 326, 365 r/w 34 I.P.C, which finding,
in my considered view, does not call for any interference, in
exercise of revisional jurisdiction under Section 397 Cr.P.C.
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10. Having regard to the submissions made by both
the learned counsel for the respective parties and upon
considering the fact that the petitioners suffered mental agony
and hardship during the course of litigation before the trial
Court as well as the appellate Court and as sixteen long years
have already been elapsed from the date of filing of this Revision,
this Court is inclined to take a lenient view and reduce the
sentence from one year rigorous imprisonment to that of three
months simple imprisonment and rest of the judgment passed
by the appellate Court shall remain unaltered. In default of
compliance of the order of this Court, the judgment of the
appellate Court holds good and the period of detention, if any,
shall be given set off under Section 428 of Cr.P.C.
11. Except the above said modification, this
Criminal Revision Case, in all other aspects, stands dismissed.
_____________________
E.V. VENUGOPAL, J
Date: 08.01.2025
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