CHANDAKA SANYASAPPADU Vs. STATE OF A.P.

JUDGEMENT

(1.) The Criminal Revision Case has been preferred under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity 'the Cr.P.C') challenging the Judgment dtd. 20/6/2008 in Crl.A.No.20 of 2008 on the file of the learned District and Sessions Judge, Visakhapatnam, whereby and whereunder, the Appeal was allowed in part, setting aside the conviction for offence under Sec. 324 of the Indian Penal Code, 1860 (for short 'the IPC') but, finding the petitioner guilty for the offence under Sec. 323 of 'the IPC.,' and sentenced the petitioner to pay a fine of Rs.1,000.00 which was already paid by the petitioner before the learned Trial Court and holding that the petitioner is entitled for refund of the excess fine amount of Rs.2,000.00 paid.

(2.) The learned IV Metropolitan Magistrate, Bheemunipatnam, passed the Judgment dtd. 13/3/2008 in C.C.No.141 of 2004 finding the petitioner guilty for the offence under Sec. 324 of 'the IPC.,' and sentencing him to pay a fine of Rs.3,000.00.

(3.) Sri G. Ram Gopal, the learned counsel for the petitioner while reiterating the grounds of the revision submitted that the prosecution had not proved the guilty of the accused beyond all reasonable doubt; wrongly relied on the interested testimony of P.Ws.1 and 2; there was inconsistency in the evidence of P.Ws.1 and 2; presence of P.Ws.3, 4 and 5 at the scene of offence was doubtful; and urged to allow the revision case. Alternatively, it is submitted that the alleged offence occurred in the year 2007; nearly more than 1 1/2 decade passed by; the petitioner is respectable person and he is in the active politics. Even though he had not committed any offence charged, he was found guilty and requested to apply the provisions of the Probation of Offenders Act, 1958 (for brevity 'the Act') by showing lenience.