GUMMADI SATYAM Vs. TENALI TAMESH

JUDGEMENT

(1.) The appellants herein are A.1 to A.3 and A.7 respectively, in Sessions Case No.10/S/2006 on the file of the Special Judge for trial of Cases under the SCs and the STs (PoA) Act, 1988, Guntur. They preferred the present appeal challenging the Judgment dtd. 16/7/2008 passed in the said Sessions Case whereunder and whereby- A.1 and A.2 were convicted of the offence punishable under Sec. 326 IPC and sentenced to rigorous imprisonment for a period of five years and to pay fine of Rs.100.00 each; A.3 was convicted of the offence punishable under Sec. 324 IPC and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.100.00, and A.7 was convicted of the offence punishable under Sec. 323 IPC and sentenced to undergo rigorous imprisonment for a period of three months and to pay fine of Rs.100.00. In default of payment of fines, the accused were directed to undergo further simple imprisonment for a period of 15 days.

(2.) A private complaint was lodged by 1st respondent / complainant against A.1 to A.7, alleging as follows. A.1 to A.6 are residents of Nizampatnam village and mandal. A.7 was working as a Police Constable in Nizampatnam police station. A.1 to A.3 were doing centering business (slab works). As the complainant was also doing the same business and was getting more work, A.1 to A.3 were in inimical terms with the complainant and bore grudge against him. A.4 to A.6 are near and dear of A.1 to A.3. While the complainant was arranging stars on the Christmas eve, A.1 to A.3 asked him to stick their names on the stars along with his name. But, he did not agree therefor, as the same was being done with his own expenditure. On that, A.1 to A.3 bore grudge and threatened him that they would see his end if he did not stick their names. On 17/6/2003 at about 7.30 PM, while the complainant was going to house of Mehaboob Jani's daughter for collecting rent and centering material, A.1 to A.3 attacked him with iron rods, sticks and knife. A.1 beat him on mouth with stick which caused dislocation of two teeth and bleeding blood injury; A.2 beat with iron rod on right leg as a result of which his right leg was broken and he fell down. A.3 rushed towards him with a knife to attack him, but he escaped from the attack, but A.3 did not leave him and stabbed him with knife on left leg, and he was indiscriminately beaten by them. A.4 to A.6 instigated them saying that they would help financially and provide help from police if they face any trouble. P.Ws.3 and 4 witnessed the incident. It is further alleged that after the attack, A.1 to A.3 dragged the complainant towards house of A.3 and placed him in front of house of A.3, and thereafter A.4 and A.5 fetched A.7, who kicked him with leg having shoe saying in filthy language 'levara naa kodaka, mala lanjakodaka, nee natakalu ika chaalu'. Mean while, P.Ws.3, 4, 6, 7 and another rushed there and questioned A.7. The complainant was dragged towards police station. By that time, wife of A.3 was present in police station. Police sent him to G.G.H., Repalle in mid night and he was treated there up to 12/7/2003. Thereafter also, he was suffering from pain and bandage was tied to him, and so, he got treated in a private hospital. The complainant sent a report to police higher authorities against A.1 to A.7, but no action was taken. Hence, the private complaint.

(3.) After recording sworn statements of the complainant and other witnesses, the private complaint was taken on file as P.R.C.No.39 of 2005 on the file of the II Additional Junior Civil Judge, Repalle for the offences punishable under Ss. 307, 120B and 109 IPC and 3 (1) (x) of the SCs and STs (PoA) Act, 1988, and the same was committed to the Court of Session, which numbered the same as S.C.No.10/A/2006.