ORDER :

1. This Criminal Revision Case is filed by the Prosecution Witness No.1/defacto-complainant in C.C.No.1 of 2004, on the file of I Additional Sessions Judge, Kadapa (Originally it was on the file of Judicial Magistrate of First Class, Pulivendula), challenging the judgment, dated 28.07.2008, where under the learned I Additional Sessions Judge, Kadapa, found the accused (A.1 to A.14) not guilty of the charges framed against them and acquitted them under Section 248(1) of the Code of Criminal Procedure (“Cr.P.C.” for short).

2. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of the convenience.

3. The Sub-Inspector of Police, Vempalli Police Station, filed charge sheet in Crime No.38 of 2003 under Sections 147, 148, 324, 326 r/w 149 of the Indian Penal Code (“I.P.C.” for short), alleging as follows:

(i) A.1 to A.14 are residents of Vempalli Village. A.7 is their leader. They are supporters of Congress party. The defactocomplainant- Thupakula Venkata Reddy (L.W.1) is resident of Muthukur village. L.W.2-Thupakula Gangireddy is the brother of L.W.1. They are the supporters of Telugu Desam Party. There was political rivalry in the village.

(ii) On 06.07.2003 at 6-00 p.m., A.7 was distributing kerosene quota in Muthukur village. Both L.W.1 and L.W.2 went to the house of A.7 and asked him as to why he is distributing last month quota. Then, A.2 who is the son of A.7 challenged that he can do whatever he likes. Then, A.7 and A.4 armed with crowbars and A.2, A.3, A.5 and A.13 armed with stones, formed themselves into unlawful assembly and came upon L.W.1 and L.W.2. L.W.1 and L.W.2 ran into the house of L.W.6-Kummari Kondaiah due to fear. All the accused rushed into the house of L.W.6. Then, A.3, A.2 and A.5 beat L.W.1 with stones and caused bleeding injuries to his right leg, neck and right hand. When L.W.2 intervened, A.7 beat L.W.2 with a crowbar on his right hand and caused bleeding injury. A.4 beat L.W.2 with a crowbar on his right leg thrice. A.6 beat L.W.2 with a stone on his head and caused bleeding injury. When, L.W.3-Peram Chinna Chennareddy, L.W.4-Chanda Ramulamma and L.W.5-Chanda Venkata Subba Reddy intervened, A.1 beat L.W.3 with a stone on his head and A.8 and A.9 beat L.W.3 with sticks and caused injuries. A.10 and A.11 beat L.W.4 with stones and caused injuries on her head and cheeks. A.12 beat L.W.5 with a stone on his head. A.13 and A.14 beat L.W.5 with sticks and caused injuries. Thereafter, L.W.1 and L.W.2 went to Pulivendala and L.W.2 got admitted in Government Hospital. L.W.7-Badraiah, Head Constable 435, recorded the statement of L.W.1 in the hospital and sent to Vempalli Police Station on the point of jurisdiction.

(iii) The Sub-Inspector of Police, Vempalli Police Station, registered it as a case in Crime No.38 of 2003 under Section 147, 148, 324, 326 r/w 149 of I.P.C. and investigated into. L.W.9- Medical Officer, examined the injured and opined that the injuries sustained by them are simple and grievous in nature. Hence, the charge sheet.

4. The learned Judicial Magistrate of First Class, Pulivendula, took the case on file for the offences under Sections 148, 324, 326 r/w 34 of I.P.C. and issued summons to the accused. On their appearance and on complying Section 207 of Cr.P.C., charge under Section 148 of I.P.C. against A.1 to A.14, charge under Section 324 of I.P.C. against A.2, A.3 and A.5, charge under Section 324 r/w 149 of I.P.C. against A.1, A.4, A.6 to A.14, charge under Section 326 of I.P.C. against A.4, A.6 and A.7, charge under Section 326 r/w 149 of I.P.C. against A.1 to A.3, A.5, A.8 to A.14, charge under Section 324 of I.P.C. against A.1, A.8 and A.9, charge under Section 324 r/w 149 of I.P.C. against A.2 to A.7, A.10 to A.14, charge under Section 324 of I.P.C. against A.10 and A.11, charge under Section 324 r/w 149 of I.P.C. against A.1 to A.9, A.12 to A.14, charge under Section 324 of I.P.C. against A.12, A.13 and