HON’BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.1414 OF 2010

JUDGMENT:

1. The appellant/accused was convicted for the offence under Section 325 IPC and sentenced to undergo rigorous imprisonment for a period of seven years vide judgment in S.C.No.217 of 2008, dated 23.11.2010 passed by the Special Sessions Judge for SC & ST (POA)

Act. Aggrieved by the same, present appeal is filed.

2. Heard Sri S.Vijay Prashant, learned counsel for the appellant and learned Assistant Public Prosecutor for the State.

3. Briefly, the case of the prosecution is that on 22.8.2008, at 2:00 pm, P.W.1 lodged a complaint stating that he and his elder brother, Andugula Ramesh (deceased), attended a Panchayat on the said day at 7:30 am, concerning a land dispute between Maramoni Anjaiah (not examined) and Maramoni Bavaiah/PW7. According to prosecution case, PW7 and Anjaiah are brothers, residing in Annojiguda village and had a land dispute. Panchayat was arranged on 22.8.2008, in which the deceased, a resident of Thimmaipally village, also attended. During the Panchayat, Yadaiah beat PW7 with a stone and PW7 retaliated, causing a bleeding head injury to Yadaiah. Villagers grew angry at PW7 for assaulting Yadaia