SRISAILAM NARESH Vs. STATE OF A.P.

JUDGEMENT

(1.) THE Criminal Petition is filed under Section 482 Cr.P.C. by the petitioner/accused aggrieved by the impugned order, dated 10.09.2014, in Crl. M.P. No. 85 of 2014 in Crl. A. No. 176 of 2014 passed by the XI Additional Sessions Judge, Piler.

(2.) THE factual matrix of the case is that the petitioner is the sole accused in Crime No. 33 of 2010 of Piler Police Station for the offences punishable under Sections 324, 354 and 307 IPC. The police after registration of crime and investigation, filed charge sheet, that was taken cognizance by the Committal Magistrate and thereafter the case was committed to the Court of Sessions. As per the cognizance taken by the Court of Sessions, Sessions Case No. 301 of 2010 was allotted and the same was made over to the Assistant Sessions Judge, Piler, where after full -fledged trial, vide judgment dated 28.08.2014, the petitioner was convicted and sentenced him to undergo five years imprisonment and to pay a fine of Rs. 5,000/ - for the offence under Section 307 IPC, three years imprisonment for the offence under Section 324 IPC and two years imprisonment for the offence under Section 353 IPC and all the sentences to run concurrently. Having aggrieved by the same, the petitioner preferred regular Crl. Appeal No. 176 of 2014, which is pending on the file of the XI Additional Sessions Judge, Piler. The petitioner moved an application in Crl. M.P. No. 85 of 2014 under Section 389(1) Cr.P.C., for suspension of sentence and the same was ended in dismissal, vide order, dated 10.09.2014, by the learned X Additional Sessions Judge, Tirupati as in -charge of XI Additional Sessions Judge, Piler, with observations, particularly, at paras 7 and 8, that the conviction maintained against the accused is for assaulting an excise constable while in custody of the Excise police and in relation to the offence having caused grievous injuries while attempting to escape from custody and that the trial Court judgment shows there is & prima facie case with strong grounds and considering the grave nature of the offence, not chosen to suspend the sentence.

(3.) HEARD the learned counsel for the petitioner as well as the Additional Public Prosecutor. Perused the material placed on record.