JUDGMENT :

1. State has filed this Criminal Appeal against the acquittal of A-1 Kasappagari Krishna Reddy, A-2 Kasappagari Ramachandra Reddy and A-3 Kasappagari Anjan Reddy for the offence under Section 354 IPC and inadequate sentence imposed on them for the offences under Sections 323 and 447 of IPC.

2. The prosecution case, in brief, is:

P.W. 1 K. Janakamma is a married woman and she was aged about 29 years as on the date of occurrence. P.W. 2 K. Ranga Reddy is her husband and P.W. 3 K. Kantamma is her mother-in-law. A-1 to A-3 are brothers and they are sons of K. Narayana Reddy P.Ws. 1 to 3 and A-1 to A-3 belong to Pullalarevu village. On 13-12-1997 at about 4 P.M. while P.W. 1 was proceeding to her house from hayrick yard A-1 came in the opposite direction and asked her “Na Daggaraku Vastava”. Thereupon, she took out her chappal and showed at A-1. A-1 went away hurling threats that he would see her end. P.W. 1 returned to the hayrick yard and informed the same to P.W. 3. P.W. 3 told her that the matter would be placed before the village elders. While so, A-1 to A-3 tresspassed into the hayrick yard of P.W. 1, A-2 abused her and beat her with a chappal on her head, shoulder and on both hands. When she raised her hands to avert the beatings, her bangles broke. It is alleged that A-1 caught hold of her breast and pulled out her sari. She felt insulted and sat down there itself. P.W. 3 raised cries which drew the attention of P.W. 2, husband of the victim P.W. 2 intervened and thereupon A-1 beat him with a stick. It is further alleged that A-2 and A-3 caught hold of the victim and beat her with chappals indiscriminately. P.W. 4-Venkatesu and P.W. 5-Rami Reddy also witnessed the incident. P.Ws. 1 and 2 went to Rapthadu Police Station where P.W. 1 presented Ex. P-1 report. P.W. 6-G. Krishna Moorthy, SI to Police, Rapthadu Police Station received Ex. P-1 report and registered a case in Cr. No. 108 of 1997 under Sections 447, 354 r/w 34 IPC and issued Ex. P-2 FIR, He examined the witnesses and recorded their statements. He also seized M.O. 1-jacket under the cover of Ex. P-3 police proceedings. He sent P.W. 1 to Government Hospital, Anantapur, P.W. 7- B.V.N. Choudary, Deputy Civil Surgeon, Government Hospital, Anantapur medically examined P.W. 1 and found the following injuries.

(1) Contusion right fore arm 1 inch diameter.

(2) Contusion left fore arm 1 inch diameter.

(3) Contusion back of chest right 1 × 1 inch.

(4) Abrasion on right palm 1? × 2?.

(5) Abrasion on the front of the chest 1? × 2?.

3. He classified the injuries as simple in nature Ex. P-5 is the medical certificate issued by him P.W. 6 inspected the scene and effected seizure of broken bangle pieces (M.O.2) under the cover of Ex. P. 4 police proceedings. He also prepared a rough sketch of the scene. He examined P.Ws. 3 to 5 and recorded the statements. He arrested the accused on 16-12-1997 and sent them for remand. After completing investigation, he laid the charge sheet before the Additional Judicial First Class Magistrate, Anantapur. The learned Magistrate took the charge sheet on file as PRC No. 11 of 1998 and committed the case to Sessions Division Anantapur. The learned Sessions Judge took the case on file as S.C. No. 470 of 1998 and made over the same to the Principal Assistant Sessions Judge, Anantapur for disposal according to law. On hearing the prosecution and the accused, the learned Principal Assistant Sessions Judge framed three charges against the accused.

Firstly:— Against A-1 to A-3 for the offence under Section 447 IPC;

Secondly:— Against A-1 to A-3 for the offence under Section 323 IPC; and

Thirdly:— Against A-1 to A-3 for the offence under Section 354 r/w 34 IPC.

4. The learned Principal Assistant Sessions Judge read over and explained the charges to the accused, for which the accused pleaded not guilty and claimed to be tried. To bring home the guilt of the accused for the offences with which they stood charged, prosecution examined 7 witnesses and proved 5 do