IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.R.K.KRUPA SAGAR
Kottala Sudhakar Babu – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
V. R. K. KRUPA SAGAR, J.
Invoking revisional jurisdiction of this Court under Section 39 of BNSS (Sections 397 and 401 of Code of Criminal Procedure), the convict preferred this revision with a prayer as mentioned below:
“It is therefore pray that this Hon'ble Court be pleased to set-aside the judgment in Criminal Appeal No.383 of 2019 on the file of the Hon'ble IV-Additional District and Sessions Judge Court at Kakinada confirming the judgment dated 24.10.2019 in C.C.No.125 of 2017 on the file of the III Additional Judicial Magistrate of First Class-cum-III Additional Junior Civil Judge, Kakinada in the interest of Justice.”
2. Respondent No.1 is State. Respondent No.2 is the de facto complainant.
3. Sri Y.Chakradhara Raj, the learned counsel for revision petitioner and Sri A.Sai Rohit, the learned Assistant Public Prosecutor for respondent No.1-State and Sri T.Ramakoteswara Rao, the learned counsel for respondent No.2 submitted their arguments.
4. Facts leading to the present revision have to be seen. A woman by name Smt. Kottala Rajya Lakshmi was taking treatment in Government General Hospital, Kakinada as an in- patient. Her husband is Sri Seelu Agneya Raju @ Kottala Agneya R
Conviction under Section 332 IPC for causing hurt to a public servant is valid without a charge under Section 323 IPC; the offence is distinct and does not require additional allegations.
A conviction under Section 323 IPC requires proof of bodily pain, disease, or infirmity, which was not established in this case, leading to the acquittal of the accused.
Evidence must establish all elements of the offense charged, and modifications of sentences may consider the accused's age and health conditions.
The main legal point established is the assessment of evidence to prove guilt beyond reasonable doubt and the consideration of the background of the parties in determining the sentence.
The main legal point established in the judgment is that assaulting a public servant to deter them from discharging their duty constitutes offences under Sections 332 and 353 IPC, and the court may c....
The prosecution must prove grievous injuries beyond reasonable doubt, including medical corroboration, or charges must be downgraded to lesser offences accordingly.
The appellate court's modification of conviction from Section 307 to Section 324 IPC was justified due to insufficient evidence of grievous injury, upheld by the revisional court.
The court confirmed conviction under Section 332 IPC, modifying the sentence to include financial compensation instead of imprisonment.
Conviction upheld - Voluntarily causing grievous hurt - X-ray report - Oral evidence of victim matches with medical evidence and injury report has been proved.
Intent to deter a public servant is essential for conviction under Section 332 IPC, and lack of evidence supporting such intent necessitates acquittal.
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