IPPILLI KRISHNA Vs. STATE OF A P

JUDGEMENT

(1.) This criminal revision case is directed against the judgment in Criminal Appeal No. 87 of 1995 on the file of the Additional Sessions Judge, Srikakulam confirming the conviction and sentence recorded by the Judicial I-Class Magistrate, Srikakulam in C.C.No. 53 of 1994 wherein A-l to A-8 were convicted for the offence under Section 148 of the Indian Penal Code and sentenced them to undergo Rigorous Imprisonment for three months each. Further, A-l was convicted for the offence under Section 324 of the Indian Penal Code for voluntarily causing hurt to P.Ws. 1 and 2 and sentenced him to undergo Rigorous Imprisonment for six months and to pay a fine of Rs. 100.00 in default to suffer 15 days Simple Imprisonment, A-4 was convicted for the offence under Section 325 of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs. 100.00 in default to suffer 15 days Simple Imprisonment and A-5 was convicted for the offence under Section 324 of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for six months and to pay a fine of Rs. 100.00 in default to suffer 15 days Simple Imprisonment. The learned Additional Sessions Judge, Srikakulam found A-6 to A-8 not guilty for the offence under Section 148 of the Indian Penal Code and accordingly, they were acquitted. During the pendency of the appeal, in the first appellate Court, A-5 died and therefore, the case against A-5 is abated.

(2.) The brief facts that are necessary for the disposal of the present appeal (Revision) may be stated as follows: On 2-8-94 at 8.00 a.m. while P.W. 1 was present at the house, A-l with his family members was digging foundations in the disputed site. When P.W. 1 questioned the high-handed behaviour of the accused, all the accused formed into an unlawful assembly armed with deadly weapons like crowbars and sticks and attacked prosecution witnesses. It is further case of the prosecution that A-1 beat P.W. 1 with a crowbar on his right leg, as a result, he fell down. Thereafter, A-1 beat P.W. 2 with the same crowbar on the right side of his head. When P.W. 3 intervened, A-3 beat her with 'boriga' on the left hand wrist and A-4 beat her with a stick on right forearm. In the meanwhile, P.W. 4 intervened and he was also beaten. Thereafter, all the injured witnesses went to the Burja Police Station and lodged Ex.P-1 report at about 12.00 noon on 2-8-94. P.W. 11 registered it in Crime No. 26 of 1994 under Sections 323 and 324 read with 34 of the Indian Penal Code. He sent P.Ws. 1 to 4 to Government Hospital for treatment. Thereafter, he proceeded to the scene of occurrence and observed the same. He prepared Ex.P-12 - Rough Sketch. P.W. 9 is the doctor who examined P.Ws. 1 to 4 found certain injuries. P.W. 12 examined P.Ws. 5 to 7, visited the Government Hospital on 4-8-94 and seized blood stained clothes. He arrested the accused and sent them to the court for judicial custody. After completion of investigation, police filed the charge-sheet.

(3.) To substantiate the case of the prosecution, the prosecution examined 12 witnesses and marked 12 documents.