The need for conclusive proof of grievous injuries to establish the offence under Section 326 of IPC.

ORDER

V. Srinivas, J. - Assailing the judgment dated 27.02.2012 in Crl.A.No.145 of 2011 on the file of Court of learned III Additional District & Sessions Judge, (FTC), Anantapur, confirming the conviction and fine imposed against the petitioners/accused Nos.1 and 2 for the offence under Section 326 of IPC by the judgment dated 29.10.2011 in S.C.No.146 of 2010 on the file of Court of learned Principal Assistant Session Judge, Anantapur, but modified and reduced the sentence of imprisonment from three years to one year simple imprisonment, and set aside the said judgment in respect of the conviction and sentence imposed against them for the offence under Section 148 of IPC, the petitioners/accused Nos.1 and 2 filed the present criminal revision case under Section 397 r/w.401 of the Criminal Procedure Code, 1973 (hereinafter referred as 'Cr.P.C.').

2. The revision case was admitted on 01.03.2012 and the sentence of imprisonment was suspended vide orders in Crl.R.C.M.P.No. 570 of 2012.

3. The petitioners were arrayed as accused in Cr.No.112 of 2009 of Bukkarayasamudram Police Station for the offence under Section 147, 148, 324 and 307 r/w.149 of IPC and police laid the charge sheet and thereafter the case was committed to the Court of Sessions, vide P.R.C.No.120 of 2009 on the file of Court of learned Additional Judicial Magistrate of First Class, Anantapur, and numbered as S.C.No.146 of 2010 on the file of Court of learned Principal Assistant Sessions Judge, Anantapur and the trial was conducted and found the accused Nos.1, 2 and 5 guilty for the offences under Section 148 and 326 of IPC and sentenced to undergo simple imprisonment for three (3) years and also pay a fine of Rs. 3,000/- each for the offence under section 326 IPC, in default, suffer simple imprisonment for three (3) months each and also sentenced to undergo simple imprisonment for three (3) years for the offence under section 148 IPC, and also found the accused Nos.3, 4 and 6 guilty for the offences under Section 147 and 326 r/w.149 IPC and sentenced to undergo simple imprisonment for three (3) years and also pay a fine of Rs.3,000/- each for the offence under section 326 r/w.149 IPC, in default, suffer simple imprisonment for three (3) months each and also sentenced to undergo simple imprisonment for two(2) years for the offence under section 147 IPC. Out of the fine amount Rs.2,000/- from each accused shall be paid to P.W.2 towards compensation under Section 327 Cr.P.C. The remand period undergone by the accused shall be set off under Section 428 of Cr.P.C.

4. Aggrieved by the said conviction and sentence imposed by the Trial Court, the petitioners/accused No.1 and 2 along with other accused filed an appeal, vide Crl.A.No.145 of 2011, before the Court of learned III Additional District & Sessions Judge, Anantapur and the same was allowed in part by setting aside the conviction, sentence of imprisonment and fine imposed against accused Nos.3 to 6 for the offences under Section 147, 148 and 326 r/w.149 IPC and conviction and sentence passed against petitioners/accused Nos.1 and 2 for the offence under Section 148 of IPC, and confirmed the conviction passed against petitioners/accused Nos.1 and 2 for the offence under Section 326 IPC, but the sentence of imprisonment was modified and reduced to one (1) year from three (3) years simple imprisonment and with regard to fine imposed against petitioners confirmed the judgment of the trial Court.

5. Against the said judgment of the first Appellate Court, the present criminal revision case was preferred by the petitioners/accused Nos.1 and 2.

6. Now the point that arises for consideration in this revision is 'whether there is any illegality or infirmity in the findings recorded by the first Appellate Court?'

7. Sri N.Ranga Reddy, learned counsel for the petitioners submits that the victim in this case was examined as P.W.2. According to P.W.2, accused No.1 beat him with iron pipe on the left side of his forehead and caused bleed