MEREDDIGARI SURYANARAYANA Vs. STATE OF A.P.

JUDGEMENT

(1.) Challenge in this Criminal Revision Case is to the judgment in Criminal Appeal No.27 of 2008, dtd. 17/4/2010, on the file of the Court of IV Additional District and Sessions Judge, Kurnool (for short, the learned Additional Sessions Judge") whereunder the learned Additional Sessions Judge, while dealing with the Criminal Appeal filed by the appellant, against the conviction and sentence under Sec. 326 of the Indian Penal Code, 1860 (for short, the IPC"), dismissed the Criminal Appeal confirming the conviction and sentence imposed against him in Calender Case No.81 of 2005, dtd. 22/2/2008, on the file of the Court of Judicial Magistrate of First Class at Atmakur, Kurnool District (for short, the trial Court") for the offence under Sec. 326 of IPC.

(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 case of the prosecution, in brief, according to the contents of the charge sheet in Calender Case No.81 of 2005 is that accused is resident of Jamminagar, Velegode Town. De-facto complainant namely Vadde Seshaiah (LW.1) is the injured. The complainant raised paddy crop in half acre of land belonging to Telugu Ganga of Velegode Town and sprayed pesticides. Adjacent to his fields, the fields of the accused are situated in an extent of Ac.5.00 cents, which is also belonging to Telugu Ganga. The accused in the absence of LW.1 cut off the boundary of the land of LW.1 as such the pesticide sprayed in the land of LW.1 had flown along with the water into the channel. On 25/12/2004 morning LW.1 went to his filed, found the boundary cut off and the water has flown into the channel. He returned to the village and found the accused near tea bunk near pial and asked the accused about cutting of his boundary in the paddy field. Accused bore grudge against LW.1 and beat him with natu stick on his left hand elbow and on left shoulder and caused contusions and swelling. It was about 06:00 a.m. Then LWs.2 to LW.4 namely Kothapalli Chinna Subbanna, Telugu Pedda Subbanna and Golla Srinivasulu intervened and separated them. On the basis of the report and after receipt of wound certificate on 27/3/2005, LW.6 - SI of Police, Velegodu PS registered a case in Crime No.34 of 2005 of Velugodu P.S for the offence under Sec. 326 IPC and investigated into. During investigation, accused got anticipatory bail ON 19/5/2005. LW.5 - Medical Officer, Government Hospital, Nandyal who treated the injured opined that Injury No.1 is grievous and injury No.2 is simple in nature. Hence, the charge sheet.