K. SRIDHAR Vs. STATE OF AP

JUDGEMENT

(1.) This Criminal Revision Case came to be filed, under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), by the petitioner herein, who was the first accused (A-1) in Calendar Case No.5 of 2004 on the file of the Court of II Additional Munsif Magistrate, Tenali (for short, 'the learned Magistrate') and first appellant in Criminal Appeal No.396 of 2006 on the file of the Court of XI Additional District and Sessions Judge (Fast Track Court) Guntur at Tenali (for short, 'the learned Additional Sessions Judge'), challenging the judgment, dtd. 25/7/2008, in the said Criminal Appeal, where under the learned Additional Sessions Judge, allowed the same insofar as the second appellant therein was concerned but dismissed the Appeal confirming the conviction of the first appellant, under Sec. 326 of the Indian Penal Code, 1860 (for short, 'the IPC') imposed in C.C. No.396 of 2006.

(2.) The parties to this Criminal Revision Case will hereinafter be referred to as arrayed before the trial Court, for the sake of convenience.

(3.) The petitioner along with accused No.2 (A-2) faced charge before the Court below under Sec. 326 R/w.34 IPC and the petitioner herein along with A-2 were convicted under Sec. 248(2) Cr.P.C. for the charge under Sec. 326 R/w.34 IPC and sentenced to suffer Simple Imprisonment for two years and to pay a fine of Rs.3,000.00 in default to suffer Simple Imprisonment for three months each. When the present petitioner along with A-2 filed Criminal Appeal No.396 of 2006, it was disposed of as above. Challenging the same, the unsuccessful first appellant therein approached this Court by way of this Criminal Revision Case.