APHC010331882009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3368]

(Special Original Jurisdiction)

WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL No: 1204/2009 Between:

1. GORIMELLA VENKATASUBBAIAH AND 3 OTHERS, S/O.

KRISHNAIAH, R/O. KALAPADU VILLAGE, VENKATAGIRI MANDAL, NELLORE DISTRICT.

2. GORIMELLA MALLIJKARJUNA A-2, S/O. KRISHNAIAH, R/O. KALAPADU VILLAGE, VENKATAGIRI MANDAL, NELLORE DISTRICT.

3. NARUBOYINA CHENCHAIAH, A-3, S/O. CHINNAIAH, R/O.

KALAPADU VILLAGE, VENKATAGIRI MANDAL, NELLORE DISTRICT.

4. GORLA SUBBAIAH, A-4, S/O. RAMAKRISHNAIAH, R/O.

KALAPADU VILLAGE, VENKATAGIRI MANDAL, NELLORE DISTRICT.

...APPELLANT(S)

AND

1. THE STATE OF A P REP BY PP, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD.

...RESPONDENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to present this Memorandum of Grounds of Criminal Appeal to this Hon'ble Court against the Judgment of Special Judge for Trial of Offences Under SC & ST (POA) Act, at Nellore, in S.C.No.36 of 2006, dated 22^nd day of September, 2009 IA NO: 1 OF 2009(CRLAMP 2387 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the execution of sentence of imprisonment dated 22.09.2009 passed in S.C.No.36 of 2006 on the file of the Special Judge for Trial of Offences Under SC and ST (POA) Act, Nellore. Counsel for the Appellant(S):

1. V R GOGUSETTY Counsel for the Respondent:

1. PUBLIC PROSECUTOR (AP) The Court made the following:

THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL APPEAL No.1204 OF 2009

J U D G M E N T:

Heard Sri V.R.Gogusetty, learned counsel for the appellants/A1 to A4 and Sri C.Panini Somayaji, learned Additional Public Prosecutor representing for State.

2. The appeal is preferred by the appellants/convicts/A1 to A4 challenging the Judgment dated 22.09.2009 in Sessions Case No.36 of 2006 on the file of the learned Sessions Judge for Trial of Offences under the SCs & STs (PoA) Act, 1989-cum-V Additional Sessions Judge, Nellore.

3. The learned Special Court convicted the appellants for the offence under Sections 447 IPC, 3(1)(v) and 3(1)(x) of the SCs & STs (PoA) Act, 1989. The appellants/A1 to A4 were convicted and sentenced to pay fine of Rs.500/- (Rupees Five Hundred only) each, in default, to undergo simple imprisonment for a period of one (01) month each, for the offence under Section 447 IPC. The appellants further sentenced to undergo rigorous imprisonment for a period of three (03) years and to pay a fine of Rs.1,000/- (Rupees One Thousand only) each, in default simple imprisonment for a period of one (01) month each for the offence under Section

3(1)(v) of SC & SCs (PoA) Act, 1989. The appellants further sentenced to undergo rigorous imprisonment for a period of three (03) years and to pay a fine of Rs.1,000/- (Rupees One Thousand only) each, in default simple imprisonment for a period of one (01) month each for the offence under Section 3(1)(x) of SC & SCs (PoA) Act, 1989.

4. For the sake of convenience, the parties hereinafter referred to as they were arraigned before the learned Sessions Court.

CASE OF THE PROSECUTION:

5. The case of the prosecution is that PWs-1 to 3 own Ac.3.00 of wet land in Kalapadu Village. The accused/A1 encroached Ac.0.04 cents of the land of PW1. PWs-1 to 3 approached the Mandal Revenue Officer, Venkatagiri Mandal, for conducting survey of the land and fixed up boundaries. Therefore, PW-6, the Mandal Surveyor, Podalakuru, on the instructions of Mandal Revenue Officer, visited the land on 18.10.2004 and surveyed the land. He informed both parties, if they are having any doubts or objections on the survey, they can submit their objections to the Mandal Revenue Officer. Later, on 20.10.2004 PWs-1 to 3 visited the land at about 7.00 am. They were raising bunds as per the survey stone