NALLABOTHULA RAMACHANDRA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Assailing the judgment dtd. 27/2/2012 in Crl.A.No.145 of 2011 on the file of Court of learned III Additional District and Sessions Judge, (FTC), Anantapur, confirming the conviction and fine imposed against the petitioners/accused Nos.1 and 2 for the offence under Sec. 326 of IPC by the judgment dtd. 29/10/2011 in S.C.No.146 of 2010 on the file of Court of learned Principal Assistant Session Judge, Anantapur, but modified and reduced the sentence of imprisonment from three years to one year simple imprisonment, and set aside the said judgment in respect of the conviction and sentence imposed against them for the offence under Sec. 148 of IPC, the petitioners/accused Nos.1 and 2 filed the present criminal revision case under Sec. 397 r/w.401 of the Criminal Procedure Code, 1973 (hereinafter referred as "Cr.P.C.").

(2.) The revision case was admitted on 1/3/2012 and the sentence of imprisonment was suspended vide orders in Crl.R.C.M.P.No. 570 of 2012.

(3.) The petitioners were arrayed as accused in Cr.No.112 of 2009 of Bukkarayasamudram Police Station for the offence under Sec. 147, 148, 324 and 307 r/w.149 of IPC and police laid the charge sheet and thereafter the case was committed to the Court of Sessions, vide P.R.C.No.120 of 2009 on the file of Court of learned Additional Judicial Magistrate of First Class, Anantapur, and numbered as S.C.No.146 of 2010 on the file of Court of learned Principal Assistant Sessions Judge, Anantapur and the trial was conducted and found the accused Nos.1, 2 and 5 guilty for the offences under Sec. 148 and 326 of IPC and sentenced to undergo simple imprisonment for three (3) years and also pay a fine of Rs.3,000.00 each for the offence under Sec. 326 IPC, in default, suffer simple imprisonment for three (3) months each and also sentenced to undergo simple imprisonment for three (3) years for the offence under Sec. 148 IPC, and also found the accused Nos.3, 4 and 6 guilty for the offences under Sec. 147 and 326 r/w.149 IPC and sentenced to undergo simple imprisonment for three (3) years and also pay a fine of Rs.3,000.00 each for the offence under Sec. 326 r/w.149 IPC, in default, suffer simple imprisonment for three (3) months each and also sentenced to undergo simple imprisonment for two(2) years for the offence under Sec. 147 IPC. Out of the fine amount Rs.2,000.00 from each accused shall be paid to P.W.2 towards compensation under Sec. 327 Cr.P.C. The remand period undergone by the accused shall be set off under Sec. 428 of Cr.P.C.