STATE OF ANDHRA PRADESH Vs. KASIREDDY LAKSHMINARAYANA

JUDGEMENT

(1.) This Criminal Appeal is preferred by the State against the Judgment dtd. 17/4/2006, passed in Sessions Case No.179 of 2005 by the learned Assistant Sessions Judge, Tanuku, whereby and whereunder the respondent herein/A6 was found not guilty of the offences punishable under Ss. 147, 148, 354, 447, 324 read with 149 IPC, accordingly, was acquitted of the said charges.

(2.) Case of the prosecution, in brief, is that on 20/11/2002, at about 07.00 PM, when the de facto complainant was brooming her front yard at Nowdu complex, all the accused formed themselves into an unlawful assembly with a common intention to cause harm to the de facto complainant, and N. Durga Rao and N. Srinu, holding iron rods, sticks etc., criminally trespassed into her front yard. A1 and A2 outraged her modesty by pulling her clothes and forcibly made her fall on the ground. A3, A6 and A7 pushed her forcibly by putting their hands on her breasts, thereby insulted her. A2 caught hold her tuft and dragged her. On the instigation of A4 and A5, A3 beat N. Durga Rao with an iron rod on his left ankle and testicles. A4 and A5 fisted and kicked on his finger, thereby inflicted bleeding injuries. One Ch. Apparao and M. Manohar witnessed the occurrence. Based on the report submitted by the de facto complainant on 21/11/2002, at about 07.00 am., a case in Crime No.110 of 2002 of Penugonda Police Station was registered against A1 to A7 for the offences punishable under Ss. 147, 447, 354 and 325 IPC. After completion of investigation, the Sub-Inspector of Police, Penugonda Police Station, filed charge sheet against A1 to A7 for the offences punishable under Ss. 147, 148, 354, 324, 447 read with 149 IPC.

(3.) Originally, charge sheet was filed against A1 to A7 and the case was committed to the Court of Session. At the time of framing charges, when the appellant herein/A6 was absent, the case against him was separated and numbered as SC No.179 of 2005 on the file of the learned Assistant Sessions Judge, Tanuku.