POTHYAMSETTI SATYANARAYANA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This is a revision case filed by the accused in the S.C. No. 164 of 1992 on the file of the Assistant Sessions Judge, Ramachandrapuram, challenging the convictions and sentences imposed by the said Court and confirmed by the Sessions Court, Rajahmundry in Criminal Appeal No. 230 of 1992.

(2.) The revision petitioners are A-1 to A-3 in Crime No. 28 of 1991 of Rajavaram P.S. registered for the offences under sections 306 and 509, IPC.

(3.) This revision petition was allowed in part by this Court through the order dated 22-11 -1996 acquitting the petitioners for the offence under Section 306, IPC and confirming their conviction for the offence under Section 509, IPC and reducing the sentence of imprisonment to the period already undergone. The de facto complainant who is the first respondent herein preferred Criminal Appeal No. 1056 of 1997 before the Supreme Court of India and the Supreme Court through its judgment dated 17-3-2004 set aside the order of this Court and remitted the matter back to hear the case afresh and dispose of the same according to law. The Hon'ble Supreme Court observed that there was no consideration whatsoever in the judgment of the High Court of the evidence on record or the findings recorded by the Courts below and yet the High Court set aside the conviction of the respondents under Section 306, IPC. The Hon'ble Supreme Court extracted the relevant portion of the order of this Court which reads as follows : From the evidence it is clear that the prosecution has not established the case against the accused for the offence under Section 306, IPC beyond reasonable doubt. As far as the offence punishable under Section 509, IPC is concerned there is ample material to establish the case against the accused. Accordingly this revision is allowed in part setting aside the conviction and the sentence of R.I. for three years passed for the offence punishable under Section 306, IPC. As far as the conviction of the petitioners for the offence under Section 509, IPC is concerned the same is confirmed and the sentence is reduced to the period of sentence already undergone by them.