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1985 Supreme(Mad) 48

IN THE HIGH COURT OF JUDICATURE OF ANDHRA AT GUNTU…
Lakshminarayana Reddy, J.
Angadi Chennaiah and others
Versus
The State of Andhra Pradesh
Criminal Revision Case No.307 of 1982; Criminal Revision Petition No.302 of 1982.
Decided on : 30th January, 1985.

Advocates:
Advocate Appeared:
P.Vital Rao, for Appellants..
Addl. Public Prosecutor, High Court of A.P., for Respondent.

Accused to be convicted separately for each one of the offences.

Headnote:Indian Penal Code, 1860—Sections 71, 148 and 324—Offence of rioting with deadly weapons and causing simple injury—Held, for each of the offence order for separate conviction can be passed.

Judgment:

1. This Revision Petition is directed against the conviction and sentence as confirmed by the Additional Sessions Judge, Guntur, in Criminal Appeal No.301/80 dated 21.4.1982 modifying the judgment of the Principal Assistant Sessions Judge, Guntur, in S.C.No.100/80. The revision petitioners are A-1, A-3, A-5 and A-9. The facts that led to this revision petition are as follows:

2. S.H.O., Nagarampalem, filed a charge-sheet against these appellants and 14 others, for offences punishable under sections 147 , 148 , 307 , 324 , 325, etc. It is alleged in the charge-sheet that on 8.12.1979, all these accused formed into an unlawful assembly, armed with deadly weapons like sticks, spears, axes, etc., and attacked P.W.1 and others. The case was registered as Crime No.262/79 P.S.Nagarampalem. The learned Magistrate, i.e. the Additional Judicial Magistrate of II Class, Guntur, committed the accused to take the trial under various sections of the Code to the Court of the Sessions in his order dated 30.6.1980 in P.R.C.No. 9/1980. The learned Principal Assistant Sessions Judge tried the accused for various offences in S.C.No.100/80 and found the accused 1 to 5, A-9 and A-10 guilty the offences punishable under section 148, I.P.C. beyond all reasonable doubt and while convicting them thereunder, sentenced each one of them to suffer R.I. for one year. He further found A-1 guilty for the offence under section 324, I.P.C. on three counts causing injuries with a deadly weapon (axe) on the persons of P.Ws.1, 3 and 4. While convicting thereunder the Court sentenced him to suffer R.I. for two years and to pay a fine of Rs.50/-in default, to suffer R.I. for one month for the offence under section 324 on each count. He found A-3 further guilty of the offence under section 324, I.P.C. on three counts for causing injuries to P.Ws. 1,2 and 3 and similarly sentenced him as in the case of A-1. He found A-9 also guilty of the offence under section 324, I.P.C. on two counts for causing injuries on the persons of P.Ws.2 and 3 and sentenced him to undergo two years’ R.I. and to pay a fine of Rs.50/- under each court. He found A-5 guilty under section 324, IPC on two counts for causing injuries to P.Ws.1 and 2 while convicting him thereunder, sentenced him to undergo imprisonment for two years on each count and to pay a fine of Rs.50/- and in default, to suffer R.I. for one month. He also found similarly some other accused guilty of various offences on various periods of imprisonment and fines. He, however, acquitted A-6, A-7 and A-15.

3. The accused who were found guilty and convicted, i.e. A-1, A-2, A-3, A-4, A-5, A-9, A-10 and A-11 preferred appeals against their convictions and sentences to the Sessions Judge at Guntur. The learned Additional Sessions Judge heard the matter in Criminal Appeal No.301/80. The learned Sessions Judge in the appellate Court acquitted A-4 and A-1l of all the charges. The convictions of A-1, A-2, A-5 and A-10 under section 324, I.P.C. for voluntarily causing injuries to P.W.1 by a deadly weapon was confirmed. However, the sentence of R.I. for two years imposed by the Court of first instance on each counts was reduced to four months R.I. while maintaining the fine imposed. The convictions of A-2, A-4, A-5 and A-9 under section 324, I.P.C. for causing injuries to P.W.2 by means of a deadly weapon were also confirmed but the sentenced of two years R.I. awarded by the trial Court was reduced to four months R.I. awarded by the trial Court R.I. while maintaining the fine. The conviction of A-1, A-3 and A-9 under section 324, I.P.C. for causing injuries P.W.3 by means of a deadly weapon was confirmed. But, the sentence of two years R.I. awarded by the lower court was altered to four months R.I. while maintaining the fine. The convictions of A-1 to A-3, A-5, A-9 and A-10 under section 148 xs, I.P.C. were confirmed and the sentence of one year R.I. imposed by the trial Court was altered to Four months R.I. The rent of the charges




















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