SHINGIREDDI BIXAPATHI Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner/A.3 challenging the judgment dated 24.07.2007, passed by the III Additional Sessions Judge, Warangal, in Criminal Appeal No.12 of 2007, whereunder and whereby the conviction and sentence passed against the revision petitioner herein for the offence punishable under Section 353 of the Indian Penal Code, 1908 (for short 'IPC'), vide the judgment dated 02.01.2007 in C.C.No.488 of 2002 by the Judicial First Class Magistrate at Jangaon, was set aside and modified the sentence for the offence punishable under Section 341 r/w 34 IPC to pay fine of Rs.500/ -.

(2.) THE revision petitioner herein is A.3 and respondent herein is the complainant in C.C.No.488 of 2002 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the C.C. before the trial Court.

(3.) THE brief facts of the case are that one Bandela Rathnamma obtained a loan of Rs.19,415/ - from PACS, Rebarthy village under Warangal Co -operative Central Bank, Narmetta Branch for bore well and motor. She paid some amount and avoided to pay the other instalments. While so, on 21.06.2002 at about 2.00 p.m., PW1 along with PWs 2 to 6 went to the house of one Bandela Rathnamma to collect the due amount and found that the house was locked. Thereafter, PWs 1 to 6 decided to seize the tractor, meanwhile Rathnamma arrived and quarrelled with bank officials. At that time, A.1, who is the son of Rathnamma along with A.2 to A.4 came there, abused PWs 1 to 6, caught hold of the shirt of PW6 and assaultedPWs 5 and 6 with hands and torned the shirt of PW6. Further, A.1 to A.4 obstructed PWs 1 to 6 from discharging their official duties and confined them till 5.45 p.m. They also threatened to set fire to the jeep. On receipt of the complaint from PW1, the police registered a case in Crime No.23 of 2002 for the offences punishable under Sections 323, 353 r/w 34 IPC. The Head Constable of Maddur Police Station recorded the statements of the witnesses. The S.I. of Police conducted the scene of offence panchanama. On 26.06.2002, the S.I. of Police arrested the accused and sent them for judicial custody, and after completion of investigation, he filed the charge sheet into the Court.