THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL REVISION CASE No.1803 of 2006 Date:20.01.2014 Between:
Deshetty yellaiah . Petitioner.
AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of A.P., Hyderabad.
. Respondent.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL REVISION CASE No.1803 of 2006 JUDGMENT:
This revision is preferred against judgment dated 31-08-2006 in Crl.A.No.97 of 2004 on the file of II Additional District and Sessions Judge (FTC), Nizamabad whereuner judgment dated 06-12-2004 in Sessions Case No.169/2002 on the file of Assistant Sessions Judge, Nizamabad was confirmed.
2. The brief facts leading to filing of this revision are as follows:-
On 29-03-1998, at about 6.45 P.M., when the Head Warder, Wardens and Chief Head Warder of District Jail, Nizamabad reached barrack Nos.4 & 5, after locking barracks 1 to 3 and when they were counting the prisoners, they suddenly revolted against them, snatched away keys of barracks 1 to 3 from Md. Mahmood Hussain (Chief Head Warder) beat the jail staff damaged furniture and telephone of the jail and beat Deputy Jailer, warned waders near the main gate and fled away from the jail. In this incident, total 72 prisoners have escaped from the jail and the revision petitioner is among them. The learned trial Judge, on appreciation of evidence of P.Ws.1 to 16 and documents Exs.P1 to P14, found the revision petitioner who is accused No.53 in the said Sessions Case and convicted him for the offences under Sections 147, 332 and 224 IPC and sentenced him to suffer one year imprisonment with a fine of Rs.1,000/- for the offence under Section 147 IPC, three years imprisonment with a fine of Rs.1,000/- for the offence under Section 332 IPC and two years imprisonment with a fine of Rs.1,000/- for the offence under Section 224 IPC and directed all the sentences shall run concurrently. Aggrieved by the said conviction and sentence, the revision petitioner preferred appeal to the Court of Sessions and the learned II Additional Sessions Judge (FTC), Nizamabad, after reassessing the evidence, confirmed the conviction and sentence imposed by the trial Court.
3. Heard both sides.
4. It is the main contention of the Advocate for revision petitioner that the petitioner was not specifically identified by the witnesses. It is further contention of the Advocate for revision petitioner that registers maintained by the jail authorities are not produced and except the jail officials, there are no other witnesses. The other contention of the revision petitioner is that there is no medical evidence to show that chilli powder is used on the injured jail officials. On the other hand, learned Public Prosecutor submitted that in the jail, except the jail officials, one cannot expect independent witnesses. He submitted that it is a heinous offence where almost all the prisoners numbering to 72 have escaped and both the Courts convicted the revision petitioner only for three charges out of the six charges framed.
5. Now the point that would arise for my consideration is whether the Judgments of the Courts below are legal, proper and correct.
6. Point:- According to prosecution on 29-03-1998, at about 6:40 P.M., about 72 prisoners escaped from the jail, after attacking jail officials. Trial Court framed charges under Sections 147, 224, 307, 332, 427 and 506 IPC, but on appreciation of evidence, the trial Court held that prosecution proved charges under Sections 147, 332 & 224 IPC and failed to prove charges under Sections 307, 427 & 506 IPC. Out of the 16 witnesses examined, P.Ws.2 to 10 are the injured, P.W.1 is complainant, P.Ws.11 & 12 are eyewitnesses, P.W.13 is medical officer, P.W.14 is a mediator for observation of scene of offence and P.Ws.15 & 16 are the investigating officers. P.Ws.1 to 12 are the staff in the District Jail, Nizamabad and the revision petitioner is one among the 72 prisoners escaped from the District Jail. According to evidence of P.Ws.2 to 6, after closing barrack Nos.1 to 3 in the District Jail, they approached barrack No.4, there the prisoners by throwing chilli power into their eyes, beat them and took away keys of barrack Nos.1 to 3 and opened the gates to allow the other prisoners to go away. Out of the witnesses P.Ws. 1 to 12, P.Ws.1, 9, 10 & 11 were at the main gate and out of them, P.Ws.9, 10 & 11 were also attacked. As rightly pointed out by learned Public Prosecutor in the jail premises, one cannot expect private persons except the jail officials. So P.Ws.1 to 12 being jail officials are natural witnesses and their testimony cannot be discarded on the ground of interestedness. P.Ws.1 to 12 in one voice deposed about the incident and also about the acts committed by the revision petitioner herein. All the witnesses, P.Ws.1 to 12 are cross examined, but nothing was elicited to show that they gave any false evidence against the revision petitioner herein.
Both the Courts have thoroughly scanned evidence on record and correctly appreciated it. When the prosecution alleged six offences against the revision petitioner and others, the trial Court, after scanning the evidence, held that only three offences are proved and the remaining three offences are not proved. The appellate Court also after verifying the evidence on record confirmed the findings of the trial Court. I do not find any wrong appreciation of the evidence nor there is any perversity in the findings of the trial Court and the appellate Court.
7. For these reasons, it is held that the revision is devoid of merits and liable to be dismissed.
8. Accordingly, the Criminal Revision Case is dismissed.
9. The trial Court shall take steps for apprehension of the accused for undergoing unexpired portion of the sentence.
10. As a sequel, miscellaneous petitions if any pending in this Criminal Revision Case shall stand dismissed.
JUSTICE S. RAVI KUMAR
Date:20.01.2014 mrb