MAGAPU KRISHNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Assailing the judgment dtd. 26/10/2010 in Crl.A.No.72 of 2009 on the file of the Family Court-cum-Additional District & Sessions Court, East Godavari at Rajahmundry, modifying the conviction and sentence, imposed by the judgment dtd. 28/4/2009 in C.C.No.1515 of 2006 on the file of the Court of learned V Additional Judicial Magistrate of First Class, Rajahmundry, from the charge under Sec. 326 Indian Penal Code (hereinafter referred to as "IPC") to the offence under Sec. 325 IPC and convicted the accused for the said offence, the petitioner/accused filed the present criminal revision case under Sec. 397 r/w.401 of the Criminal Procedure Code, 1973 (hereinafter referred to as "Cr.P.C.").

(2.) The revision case was admitted on 3/11/2010 and the sentence of imprisonment imposed against the petitioner was suspended, vide orders in Crl.R.C.M.P.No.3018 of 2010.

(3.) The shorn of prosecution case is that: