MARELLA KOTESWARA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) The present Criminal Revision Case, filed under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity, Cr.P.C.), is preferred by the petitioner/accused, challenging the judgment dtd. 13/10/2009 passed in Crl.A.No.344 of 2008 by the learned VIII Additional District Judge, Guntur (for short, the 1st Appellate Court). By the said judgment, the 1st Appellate Court partly allowed the appeal and modified the conviction recorded by the learned Additional Junior Civil Judge, Chilakaluripet (for short, the Trial Court) in C.C.No.149 of 2008 dtd. 5/11/2008. Specifically, the conviction for the offence under Sec. 338 of the Indian Penal Code, 1860 (for short, IPC) was altered to one under Sec. 337 IPC.

(2.) The parties to this Criminal Revision Case will hereinafter be referred to as described before the Trial Court for the sake of convenience.

(3.) The brief facts of the case of the prosecution are that: