(1.) On a private complaint filed by the complainant M. Bhaskara Setty, Accused 1 to 3 were tried for the offences under Sections 332, 323, 347, 500, 355 and 506 of the Indian Penal Code. The allegations in the said complaint briefly are that in pursuance of the directions of the Judicial First Class Megistrate, Pulivendla, the complainant along with the petitioner in the said petition ordered by the Magistrate, proceeded in a jeep bearing No. APA 4723 to execute the search warrant. After reaching Vemula Police Station, on seeing the complainant, the petitioner's father, who was sought to be searched under the warrant, was removed from the lock-up with a view to take him away to some other place. Complainant insisted that he should be set free and handed over to him as directed by the Court. However, he was wisked away in a van. Complainant and the said petitioner proceeded in their vehicle behind that van. After going to some distance, the van carrying the Detenu, turned turtle due to rash driving by its driver and on seeing that the complainant went there. Thereupon, the Head Constable (A-1) brought a gun and aimed at the complainant with his finger on the trigger and cried out that he would shoot him in case if the complainant did not accompany him to the police-station. Out of fear, the complainant accompanied the Head Constable to the Police-Station. Thereupon, the Head Constable including the other accused beat him. The Head Constable beat the complainant with his fist, pulled his Advocate bands out and torn them off. He also removed the clothes including coat and other apparel of the complainant and kept him in the lock up for about two hours leaving him only with underwear. It is stated in the complaint that he was treated most heinously. The Head Constable scolded the complainant in a most filthy language, which is extracted in the complaint, and he also spitted on him.
(2.) During trial before the Magistrate, P.Ws. 1 to 4 were examined, and Exs. P-1 to P-3 were marked. The learned Magistrate considering the evidence of P.Ws. 1 to 4 convicted Accused 1 to 3 for the offences under Sections 341 and 355 of the Indian Penal Code, and sentenced each of them to pay a fine of Rs.100/- for the offence under Section 341 of the Indian Penal Code, and further sentenced to pay a fine of Rs. 200/- each for the offence under Section 355 of the Indian Penal Code, with default clauses. For rest of the charges, the accused were found not guilty and acquitted.
(3.) Contending mat the sentence imposed on the accused is too meagre, the complainant preferred Criminal Revision Case No. 325 of 1991, whereas the other Transfer Criminal Appeal, which was originally filed and pending before the Sessions Court, was ordered to be heard along with the Criminal Revision Case, by this Court.