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2011 Supreme(AP) 67

High Court of Andhra Pradesh
MR. JUSTICE K.G. SHANKAR
Bandela Daveedu & Another
Versus
State of A.P., Rep., by Public Prosecutor
Criminal Revision Case.Nos.890 of 2004 & 898 of 2004
Decided On: 28-01-2011

Advocates Appeared:
For the Petitioners:I.V.N. Raju, Advocate.
For the Respondent: Public Prosecutor.

Headnote:A) CRIMINAL PROCEDURE CODE, 1973, Sections 397 and 401 - Penal Code, 1860, Sections 341, 324 and 34:-

Judgment :

1. The Revisions in Crl.R.C.No.890 of 2004 and Crl.R.C.No.898 of 2004 are disposed of through this common order.

2. P.W.1 lodged a police report. It was registered as F.I.R. P.W.5 gave another report in respect of the same incident. Curiously, the same Station House Officer who registered F.I.R. on the basis of the report of P.W.1 registered F.I.R. on the strength of the report of P.W.5 also.

3. In view of two F.I.Rs, two calendar cases arose in C.C.No.165 of 1999 and C.C.No.190 of 1999 on the file of Additional Judicial First Class Magistrate, Narsapur. However, the learned Additional Judicial First Class Magistrate, Narsapur more or less conducted a joint trial recording evidence commonly in both the cases. Conviction was recorded against various accused under various Sections.

4. A.1 in C.C.No.165 of 1999 was convicted for the offence under Sections 341 and 324 I.P.C. So far as the offence under Section 324 I.P.C. is concerned, A.1 was convicted on two counts. He was sentenced to rigorous imprisonment for a period of one year on each count under Section 324 I.P.C. A.3 and A.4 were also convicted for the offence under Section 324 I.P.C. on one count and were sentenced to rigorous imprisonment for a period of one year each. A.1 and A.3 to A.5 were found guilty for the offence under Section 341 I.P.C. Each of them was sentenced to pay fine of Rs.500/- each with appropriate default sentence. A.5 was further convicted under Section 324 read with 34 I.P.C. and was sentenced to rigorous imprisonment for a period of one year.

5. A.1 and A.3 to A.5 preferred Criminal Appeal No.28 of 2002 on the file of VI Additional Sessions Judge, Narsapur. In the appeal, A.3 was completely acquitted. He was found not guilty either for the offence under Section 341 I.P.C. or for the offence under Section 324 I.P.C. Convictions against A.1, A.4 and A.5 for the offences under Sections 341 and 324 I.P.C. were confirmed. The sentence of fine imposed by the trial Court for the offence under Section 341 I.P.C. was maintained in the appeal. The imprisonment of one year for the offence under Section 324 I.P.C. as recorded by the trial Court was modified to a fine of Rs.1000/- each by the appellate Court.

6. A.2, A.6 and A.7 preferred Criminal Appeal No.29 of 2002. In the appeal, A.6 and A.7 were found not guilty of any offence and were completely acquitted. The conviction recorded by the trial Court against A.2 for the offences under Sections 324 and 341 I.P.C. was confirmed by the appellate court. The fine of Rs.500/- imposed by the trial court against A.2 was maintained in the appeal. The sentence of one year’s rigorous imprisonment recorded by the trial court against A.2 for the offence under Section 324 I.P.C. was modified to a fine of Rs.1,000/- with appropriate default sentence. No revision was preferred by anyone either from the judgment in Criminal Appeal No.28 of 2002 or from the judgment in Criminal Appeal No.29 of 2002. The judgments in Criminal Appeals No.28 of 2002 and 29 of 2002, thus, became final.

7. A.2 in C.C.No.190 of 1999 was convicted for the offence under Section 325 read with 34 I.P.C. by the trial Court. He was sentenced to rigorous imprisonment for a period of two years and fine of Rs.1,000/- with appropriate default sentence. He preferred appeal in Criminal Appeal No.33 of 2002 before the learned VI Additional Sessions Judge, Narsapur. The appeal was dismissed. Aggrieved by the same, A.2 in C.C.No.190 of 1999 preferred Criminal Revision Case No.898 of 2004.

8. A.5 in C.C.No.190 of 1999 was found guilty for the offence under Section 326 read with 34 I.P.C. by the trial Court. A.5 was sentenced to rigorous imprisonment for a period of two years and fine of Rs.1,000/- with appropriate default sentence. A.5 preferred Criminal Appeal No.30 of 2002 and the same was dismissed. A.5, consequently, preferred Criminal Revision Case No.890 of 2004. Thus, Criminal Revision Case Nos.890 of 2004 and 898 of 2004 came up before me,








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