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2023 Supreme(AP) 309

A. V. RAVINDRA BABU
Thota Lakshumaiah, S/o. Gangulaiah – Appellant
Versus
State, Rep. By the Sub Divisional Police Officer – Respondent


Advocates Appeared:
For the Appellants : Sri Ch. Chaitanya Bhargava.
For the Respondent: Sri Y. Jagadeeswara Rao.

JUDGMENT:

1. This Criminal Appeal, under Section 378(4) of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C’), is filed by the appellants, who are the accused Nos.1 and 2 in Special Sessions Case No.17 of 2008 on the file of the Court of Special Sessions Judge for trial of cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Kadapa (for short, ‘the learned Special Judge’), questioning the judgment therein, dated 14.10.2009, where under the learned Special Judge found the appellants herein guilty of the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the SCs STs Act’) and accordingly convicted them under Section 235(2) Cr.P.C and, further after questioning them about the quantum of sentence, sentenced them to undergo Rigorous Imprisonment for a period of six months each and to pay a fine of Rs.500/- each in default to suffer Simple Imprisonment for one month each. Further, the learned Special Judge found the appellants not guilty of the charges under Section 3(1)(v) of the SCs and STs Act and Section 427 of the Indian Penal Code, 1860 (for short, ‘the IPC’), and a

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