BOGADI HARIBABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Revision Case is filed against the judgment dated 29.12.2005 passed by the XI Additional District & Sessions Judge, (F.T.C), Guntur at Tenali in Criminal Appeal No.450 of 2004. The said Criminal Appeal was directed against the judgment dated 27.10.2004 passed in C.C.No.158 of 2002 on the file of the II Additional Munsif Magistrate at Repalle, wherein and whereby the learned Magistrate convicted the accused/appellants for the charge under Section 323 read with 34 IPC and sentenced to suffer rigorous imprisonment for a period of 1 year and to pay a fine of Rs.1,000/- each, in default they should suffer simple imprisonment for 3 months each. It is further ordered that out of the fine amount recovered a sum of Rs.1,250/- each shall be applied in the payment of compensation to P.Ws.1 and P.W.3.

(2.) The brief facts of the prosecution case are that the wife of A.1 was elected as Surpanch of the village. P.W.1 sent a petition against the wife of A.1 about her dishonest activities and upon which on 22.4.2002 the extension officer of Panchayat was conducted an enquiry in the Panchayat office in Allaparru. During the enquiry, A.1 picked up a quarrel and dragged out P.W.1 from Panchayat office by caught hold of his collar and assaulted P.W.1. When P.Ws.2 to P.Ws.4 intervened they were also beaten by the accused. P.Ws.1 to 4 were referred to Government Hospital, Repalle, where police recorded the statement of P.W.1, upon which they registered a case in Crime No.39 of 2002 under Section 324 read with 34 IPC. After investigation, the police filed charge sheet before the trial court for the charge under Section 323 read with 34 IPC against all the accused.

(3.) To prove the guilt of the accused, the prosecution in total examined P.Ws.1 to 9 and marked Exs.P.1 to P.11 and on behalf of defence Exs.D.1 to D.9 were marked.