MARAGONI NARSIMHA Vs. STATE OF A P

JUDGEMENT

(1.) A-1 in Sessions Case No. 87 of 1997 on the file of II Additional Sessions Judge, Nalgonda, preferred the present appeal. A-1 was convicted under Section 323 of the Indian Penal Code (for brevity 'IPC') and sentenced to under-go rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/-in default to suffer further rigorous imprisonment for six months.

(2.) The learned Counsel for the appellant would contend that there are disputes between the families of the deceased and accused. Having acquitted the accused under Sections 341, 302 read with Section 34 of IPC, the learned Judge erred in convicting him under Section 323 IPC.

(3.) The learned Additional Public Prosecutor would submit that this is a case where a lenient view was taken by the learned Judge and in the light of the findings, recorded on appreciation of evidence, the same need not be disturbed.