ORDER:

This Criminal Revision Case came to be filed by the petitioner namely Kunche Seeta Ramaiah, who was the de-facto complainant (PW.1) in Sessions Case No.516 of 2007, on the file of the Court of Assistant Sessions Judge, Bheemavaram (for short, ‘the learned Assistant Sessions Judge’), whereunder the learned Assistant Sessions Judge vide judgment, dated 09.04.2008, found the accused (A-1 to A-8) therein, not guilty of the charges under Sections 143, 147, 148, 307 and 324 R/w.149 of the Indian Penal Code, 1860 (for short, ‘the IPC’) and acquitted them under Section 235(1) of the Code of Criminal Procedure, 1972 (for short, ‘the Cr.P.C’).

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

3. The respondents Nos.2 to 9 herein as accused faced the charges before the Court below for the aforesaid offences. Respondent No.1 is State. The de-facto complainant is the revision petitioner.

4. Learned counsel for the petitioner filed a postal cover on 30.11.2022 stating that there was non-service of notice on respondent No.6 and he sought to dispose of the Criminal Revision Case against other respondents (accused), on merits.

5. So, as the petitioner is not able to serve notice on respondent No.6, the Criminal Revision Case against respondent No.6 stands dismissed for default.

6. So, this Criminal Revision Case is only against respondent Nos.2 to 5 and 7 to 9.

7. The case of the prosecution, before the Court below, as per the averments in the charge sheet filed by the Police is as follows:

PW.1, who is the resident of Vankayalapalem village on

08.12.2006 at about 10:00 PM, while feeding his cattle in the Government allotted site admeasuring Ac.0-03 cents in favour of his mother-in-law (Sitamahalakshmi), A-1 to A-8 came there in two Autos, formed themselves into an unlawful assembly armed with deadly weapons by sticks, iron rods and A-1 caught hold of PW.1 and dragged him to some distance and thrown him on the ground. Then, A-2 kicked him on his back. When PW.1 raised hue and cry, PW.2 rushed there to rescue him. On seeing her, A-3 caught hold PW.2 and A-1 beat her with an iron rod on her head with a view to kill her as a result she sustained injuries and fell down unconscious. PW.3, who is daughter of PW.2, came there to rescue her. A-2 caught hold her tuft of hair, fisted her on back and also beat her with a stick on her right buttock. When PW.4, who is the sister-in-law of PW.1, rushed to the spot, A-4 to A-8 beat her indiscriminately and caused injuries to her right knee and right buttock. Later, A-1 to A-8 untied the cattle and drove them outside. On seeing PWs.5 to 8, the accused fled away. PWs. 1 to 4 went to Government Hospital, Bhimavaram. On information, PW.12 rushed to the Government Hospital and recorded the statement of PW.1 at 00:30 hours on 09.12.2006. On the contents of the statement of PW.1, recorded by PW.12, the Sub-Inspector of Police, PW.13 registered a case in Crime No.148 of 2006 under Sections 143, 147, 148, 307 and 324 R/w.149 of IPC, issued FIR to all concerned, and took up investigation. During the course of investigation, he visited the scene of offence, got drafted the scene observation report in the presence of mediators, and seized three sticks and iron rod i.e., MOs.1 to 4 from the scene of offence under the mediators report. During the course of investigation, he recorded the statements of witnesses. On 22.03.2007 at 10:00 AM A-1 was arrested. On 09.12.2006, A-2 was arrested. On

26.03.2007 at 10:00 AM, A-5 was arrested. On 14.02.2007, A-8 was arrested and they were produced in the Court for judicial remand. The doctor, who examined PWs.1 to 4, issued wound certificates wherein he opined that the injuries are simple in nature. Thus, A-1 is liable for punishment under Sections 143, 147, 148, 307 and 324 R/w.149 IPC for his common object, forming into an unlawful assembly, armed with iron rod and sticks with a common inten