VAVILAPALLI RAMESH Vs. GIRADARAMA RAO

JUDGEMENT

(1.) This criminal petition is filed by A2 and A3 questioning judgment of the Additional Sessions Judge, Srikakulam, dated 22.06.2009 passed in C.R.P. No. 36 of 2007.

(2.) Originally the State represented by the Sub-Inspector of Police, Santhakaviti Police Station of Srikakulam District filed CC. No. 212 of 2004 against A1 to A5 alleging offences under Sections 325, 324,323/34 I.P.C. in the Court of Judicial Magistrate of the First Cass, Rajam. The said Magistrate by judgment dated 19.02.2007 found A1 to A5 not guilty of the said offences and acquitted them after full trial. As against the said acquittal, the de facto complainant/1st Respondent herein filed C.R.P. No. 36 of 2007 in the Sessions Court, Srikakulam under Section 397 Code of Criminal Procedure The Additional Sessions Judge, Srikakulam by the impugned judgment in CR.P. No. 36 of 2007 passed the following:

(3.) Though the Additional Sessions Judge found A2 guilty of the offence under Section 325 I.P.C. and A3 guilty of the offence under Section 324 I.P.C. and convicted them for the said offences, did not choose to pass any sentences. The impugned judgment did not say that appropriate sentences will be passed against them after hearing them with regard to the sentence to be passed against them.