THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.547 of 2008 18-07-2014 BETWEEN:
Karnatham Venkatesh and others …..Appellants/Accused AND State of A.P., Rep. by the Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of A.P.
…..Respondent THIS COURT MADE THE FOLLOWING JUDGMENT: THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.547 of 2008 JUDGMENT:
The Criminal Appeal is preferred by the appellants/A.1 to A.4 and A.6 to A.12 against the Judgment dated 18.04.2008 passed in Special S.C. No.18 of 2006, by the Court of Special Sessions Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – cum – I Additional Sessions Judge, Adilabad, whereby the learned Judge found the appellants/A.1 to A.4 and A.6 to A.12 guilty and convicted for the offences under Sections 148, 323 read with Section 149, 427 read with Section 149 and 506 IPC; and accordingly sentenced to pay a fine of Rs.500/- (Rupees five hundred only) each for the offence under Section 148 IPC; to suffer rigorous imprisonment for a period of six months for the offence under Section 323 read with Section 149 IPC; to undergo rigorous imprisonment for a period of one year for the offence Section 427 IPC read with Section 149 IPC; and to pay a fine of Rs.1,000/- (Rupees one thousand only) each for the offence under Section 506 IPC. In default of payment of fine, all the accused shall suffer simple imprisonment for a period of three months each on each count.
The case of the prosecution is as follows:
That on 17.09.2004 at about 11.00 hrs, all the accused attacked hotel of P.W.1 armed with axes, crow bars and beat P.Ws.1 and 2. They also abused them in vulgar language and created terror by threatening with dire consequences. On seeing the same, P.Ws.3 and 4 being the husband of P.Ws.1 and 2 respectively, when tried to reach the scene, the accused warned them with dire consequences and went away. All the accused also threatened them saying that they are naxalities and burnt so many buses and they have also killed one Raja Goud and that they would face the same thing in case they failed to vacate the place. While abusing in the name of caste, all the accused dismantled their tea stall and caused loss to them. On the basis of the complaint lodged by P.W.1, a case was registered against the accused for the offences under Sections 148, 323, 427, 506 read with Section 149 IPC. After completion of investigation, charge sheet was filed.
To substantiate the case of the prosecution, during the course of trial, P.Ws.1 to 14 were examined and Exs.P.1 to P.11 were marked.
No oral evidence was adduced on behalf of the accused, but marked Ex.D.1, a portion of Statement under Section 161 CrPC., of P.W.2.
On appreciation of the oral and documentary evidence and on hearing the arguments on both sides, the Court below acquitted the appellants/A.1 to A.4 and A.6 to A.12 for the offence under Section 3(1) (x) of the SCs and STs (PoA) Act. The Court below found the appellants/A.1 to A.4 and A.6 to A.12 guilty and convicted for the offence under Sections 148, 323 read with Section 149 IPC, Section 427 read with Section 149 IPC and Section 506 IPC and accordingly sentenced them as stated above. Aggrieved thereby, the present Criminal Appeal is preferred by appellants/A.1 to A.4 and A.6 to A.12 Heard the learned counsel for the appellants/A.1 to A.4 and A.6 to A.12 and the learned Public Prosecutor and perused the entire material available on record.
After evaluating and examining the material available on record and considering the submissions of the learned counsel, this Court is of the view that the trial Court has appreciated the facts and law in proper perspective, and therefore, there are no special or adequate reasons, warranting interference by this Court with the Judgment passed by the trial Court.
At this stage, the learned counsel for the appellants/A.1 to A.4 and A.6 to A.12 confines his argument with regard to quantum of sentence, and submits that as accused and the victims are living amicably without any disputes, lenient view may be taken by this Court while imposing sentence of imprisonment.
This Court is of the view that the trial Court has appreciated the facts and law in proper perspective, and therefore, the conviction imposed against the appellants/A.1 to A.4 and A.6 to A.12 under Sections 148, 323 read with Section 149 IPC, Section 427 read with Section 149 IPC and Section 506 IPC is hereby confirmed.
Taking into consideration the submission of the learned counsel for the appellants/A.1 to A.4 and A.6 to A.12 that the accused and the victims are living amicably without any disputes, this Court modifies and reduces the sentence of imprisonment for the offence under Section 323 read with Section 149 IPC and Section 427 read with Section 149 IPC, to that of the period, which the appellants/A.1 to A.4 and A.6 to A.12 have already undergone. However, the appellants/A.1 to A.4 and A.6 to A.12 are directed to pay a fine of Rs.500/- (Rupees five hundred only), each for the offence under Sections 323 read with Section 149 IPC and Section 427 read with Section 149 IPC, in default, to suffer simple imprisonment for a period of one month each, on each count.
In the result, the conviction and sentence imposed by the Court below against the appellants/A.1 to A.4 and A.6 to A.12 for the offences under Sections 148 IPC and 506 IPC is confirmed. The conviction imposed by the Court below against the appellants/A.1 to A.4 and A.6 to A.12 for the offence under Section 323 read with Section 149 IPC and Section 427 read with Section 149 IPC is confirmed. However, the sentence of imprisonment imposed by the Court below is modified and reduced to the period, which the appellants/A.1 to A.4 and A.6 to A.12 have already undergone. The appellants/A.1 to A.4 and A.6 to A.12 are directed to pay a fine of Rs.500./- (Rupees five hundred only), each for the offence under Section 323 read with Section 149 IPC and a fine of Rs.500/- (Rupees five hundred only) each for the offence under Section 427 read with Section 149 IPC. In default of payment of fine, they shall undergo simple imprisonment for a period of one month each on each count.
Accordingly, the Criminal Appeal is partly allowed. Consequently, miscellaneous applications, if any pending in this appeal, shall stand closed.
JUSTICE RAJA ELANGO 18.07.2014 pln