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HIGH COURT OF ANDHRA PRADESH
Sri Justice V Srinivas, J
K.SARVESU – Appellant
Versus
State of A.P. – Respondent
JUDGMENT:
Assailing the judgment dated 04.06.2012 in Crl.A.No.92 of 2011 on the file of the Court of learned Principal Sessions Judge at Kurnool, confirming the conviction and sentence passed against the accused by the judgment dated 06.06.2011 in C.C.No.759 of 2009 on the file of the Court of learned Judicial Magistrate of First Class at Kurnool, for the offences under Section 324 and 324 r/w.34 of Indian Penal Code (hereinafter referred to as “IPC”), the petitioners/accused Nos.1 to 3 filed the present criminal revision case under Section 397 r/w.401 of the Criminal Procedure Code, 1973.
2. The revision case was admitted on 07.06.2012 and the sentence imposed against the petitioner was suspended, vide orders in Crl.R.C.M.P.No.1278 of 2012.
3. The shorn of necessary facts are that:
i). P.W.1 and accused are residents of Budavarpeta of Kurnool town. In view of the quarrels between them, on 18/19.06.2009 at about 12.30 a.m., while P.W.1 was sleeping along with family, accused and one more juvenile went to the house of P.W.1 and knocked the door with hands and legs. When they opened the door, accused and said juvenile picked up quarrel on the pretext of falling of their motorcycle and ab
The court upheld the conviction for causing injuries but modified the sentence to a fine, considering the elapsed time and nature of injuries.
Conviction under Section 324 IPC upheld based on evidence, while the charge under Section 307 IPC was invalidated due to lack of intent, leading to a reduced sentence based on the time elapsed since ....
Inconsistencies in the evidence and failure to properly appreciate the material on record can lead to a manifest error of law, resulting in the acquittal of the accused.
The need for conclusive proof of grievous injuries to establish the offence under Section 326 of IPC.
The requirement of radiologist examination and production of x-ray files to prove the nature of injuries is essential in cases involving the determination of the nature of injuries under the Indian P....
The main legal point established in the judgment is the reliance on reliable evidence, consideration of the circumstances, and the imposition of appropriate sentences and fines.
The injured's evidence and medical evidence play a crucial role in establishing the charges of assault under the IPC.
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