CH PITCHAVADHANULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner herein- sole accused was tried by the learned Assistant Sessions Judge, Addanki, in SC No.330 of 1997, for the offence punishable under Section 307 IPC. During the course of trial, on behalf of the prosecution, PWs.1 to 9 were examined and Exs.Pl to P8 and MOs.1 to 3 were marked. On behalf of defence, no witnesses were examined, but Exs.Dl to D6 were marked. On a careful consideration of both oral and documentary evidence, the learned Assistant Sessions Judge came to the conclusion that the petitioner is guilty of the said offence, and accordingly, convicted and sentenced him to undergo rigorous imprisonment for a period of five years and also to pay a fine of Rs.10,000/-, in default, to undergo simple imprisonment for a period of eight months and directed that out of the fine amount, an amount of Rs.3,000/- shall be paid as compensation to the injured-PW1, by judgment dated 11.8.1998. Assailing the said judgment, the petitioner filed Crl. A No.69 of 1998 on the file of the V Additional Sessions Judge, Ongole. The learned Sessions Judge after perusing the material placed on record held that the petitioner is not guilty of the offence punishable under Section 307 IPC, but found him guilty of the offence punishable under Section 324 IPC, and accordingly, convicted and sentenced him to pay a fine of Rs.1,000/-, by setting aside the conviction and sentence imposed by the trial Court, by judgment dated 31.10.2003. The same is questioned in this revision.

(2.) For the purpose of convenience, the parties are referred to hereinafter as they were arrayed in SC No.330 of 1997.

(3.) The case of the prosecution, in brief, is that the accused is a Typist, PW1 is a Lecturer, PW2 is an Attender, PW3 is a Record Assistant, PW4 is an old student, PW5 is the present Principal and PW6 is Ex-Principal of the Government Junior College, Addanki. Accused used to pick up quarrels with other staff and disobey the instructions of his superior officers. Previously, a case was registered against him in Cr.No.21/1995 for the offences under Sections 324, 352, 323 read with 144 IPC. In the year 1988, when his son was writing an examination, the accused tried to malpractice. Then, PW6, the then Principal, caught him and sent a special report, for which, the accused grew wild and abused PW6. Subsequently, a case was registered in Cr.No.145 of 1988 for the offences under Sections 477, 506 IPC read with Section 7(1)(d) of the P.C.R. Act against the accused and the same was ended with conviction. Thereafter, he was removed from service on 3.1.1991. But however, in pursuance of the directions of the Apex Court he was reinstated into service and joined duty on 19.5.1997. The accused developed ill-feeling towards his staff and the then Principal.