GADDAPU KANNAIAH Vs. STATE OF A P

JUDGEMENT

(1.) Appellants-A1 and A3 in CC No. 10 of 1994 on the file of Additional District and Sessions Judge-cum-Chief Judicial Magistrate, Srikakulam, had preferred this Criminal Appeal, aggrieved by judgment dated 8.9.1997, wherein the learned Additional District and Sessions Judge convicted and sentenced the appellants to undergo rigorous imprisonment for a period of one year each and to pay a fine of Rs.500/- each, in default, to suffer rigorous imprisonment for three months for the offence punishable under Section 324 of the Indian Penal Code (IPC).

(2.) The facts, in brief, are as hereunder:

(3.) Sri D. Ramalinga Swamy, the learned Counsel representing the appellants had drawn the attention of this Court to the evidence of PW1 and PW2, and also PW8 and would contend that the casuarina sticks or the iron rods, at any stretch of imagination cannot be said to be sharp edged weapons. The learned Counsel also pointed out Exs.P.6 and P.7-wound certificates of PWsl and 2, which were issued by PW8, and commented that even the doctor is an interested witness, and there are several inherent improbabilities in the version of PWsl and 2. The learned Counsel also would contend that when the charge is one of unlawful assembly and attributing overt acts to the accused, when the learned Judge had disbelieved the evidence, and recorded acquittal as against the other accused unless the evidence is so clear as against the appellants, the appellants definitely cannot be convicted and the benefit of doubt should have been given to the appellants also. The learned Counsel also would submit that except the evidence of PWsl and 2, the brothers, who are alleged to have received injuries during the incident on the fateful day, there is no other evidence available on record worth mentioning. The learned Counsel also pointed out the evidence of PW1 in his cross-examination, wherein PW1 admitted that his father worked as N.M.A. under Dr. Kurminaidu at Pogiri Hospital. It is needless to say that the said Dr. Kurminaidu is examined as PW8, who is the doctor in the present case.