RAJULAPATI KOMALA DEVI Vs. KAGITHA RAM BABU

JUDGEMENT

(1.) This revision is preferred against the judgment dated 29-09-2006 in Criminal Appeal No. 36 of 2004 on the file of I Additional District & Sessions Judge, Krishna District whereunder conviction passed by the Additional Judicial First Class Magistrate, Gudivada in C.C. No. 1292 of 2000 dated 24-02-2004 was confirmed but modified the sentence of simple imprisonment for six months in to fine of Rs. 1,000/- in addition to the fine already imposed by the trial Court and ordered out of the fine amount, the victim shall get Rs. 1,000/- as compensation under Section 357 Cr.P.C. Aggrieved by the modification of sentence by the appellate Court, the victim preferred present revision.

(2.) On a report of Sub-Inspector of Police, Gudlavalleru, Judicial First Class Magistrate took cognizance of the offence and after appearance of the accused, copies of the charge sheet and documents were served on him and a charge under Section 326 was framed against the accused for which he pleaded not guilty and thereafter trial was conducted. During trial, six witnesses were examined and 5 documents were marked on behalf of prosecution and no evidence is adduced either oral or documentary on behalf of accused. On a overall consideration of oral and documentary evidence, trial Court found the accused guilty for the offence under Section 325 IPC and sentenced him to suffer six months imprisonment with a fine of Rs. 500/-. Aggrieved by the said conviction and sentence, accused preferred appeal to the Court of Sessions, Krishna at Machilipatnam and I Additional Sessions Judge, Machilipatnam, who heard the appeal, confirmed the conviction but reduced the sentence by modifying it. The appellate Court converted sentence of imprisonment also additional into fine and awarded additional fine amount of Rs. 1,000/- and directed that the said amount shall be paid to P.W. 1 as compensation under Section 357 Cr.P.C.

(3.) Heard both sides.