ANGADI CHENNAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The revision petition is directed against the conviction and sentence as confirmed by the Additional Sessions Judge, Guntur, in Criminal Appeal No. 301/80 dt. 21-4-1982 modifying the judgment of the Principal Assistant Sessions Judge, Guntur, in S.C. No. 100/80. The revision petitioners are A1, A3, A5 and A9. The facts that led to this revision petition are as follows : S.H.O., Nagarampalem, filed a charge-sheet against these appellants and 14 others, for offences punishable under Ss. 147, 148, 307, 324, 325, etc. It is alleged in the charge-sheet that on 8-12-1979, all these accused formed into an unlawful assembly, armed with deadly weapons like sticks, spears, axes, etc., and attacked P.W. 1 and others. The case was registered as Crime No. 262/79 P.S. Nagarampalem. The learned Magistrate, i.e., the Additional Judicial Magistrate of II Class, Guntur, committed the accused to take the trial under various sections of the Code to the Court of the Session in his order dt. 30-6-1980 in P.R.C. No. 9/1980. The learned Principal Assistant Sessions Judge tried the accused for various offences in S.C. No. 100/80 and found the accused 1 to 5, A9 and A10 guilty for the offences punishable under S. 148, I.P.C. beyond all reasonable doubt and while convicting them thereunder, sentenced each one of them to suffer R.I. for one year. He further found A1 guilty for the offence under S. 324, I.P.C. on three counts causing injuries with a deadly weapon (axe) on the persons of P.Ws. 1, 3 and 4. While convicting thereunder the Court sentenced him to suffer R.I. for two years and to pay a fine of Rs. 50.00 in default, to suffer R.I. for one month for the offence under S. 324 on each count. He found A3 further guilty of the offence under S. 324, I.P.C. on three counts for causing injuries to P.Ws. 1, 2 and 3 and similarly sentenced him as in the case of A1. He found A9 also guilty of the offence under S. 324, I.P.C. on two counts for causing injuries on the persons of P.Ws. 2 and 3 and sentenced him to undergo two years R.I. and to pay a fine of Rs. 50.00 under each count. He found A5 guilty under S. 324, I.P.C. on two counts for causing injuries to P.Ws. 1 and 2 and while convicting him thereunder, sentenced him to undergo imprisonment for two years on each count and to pay a fine of Rs. 50.00 and in default, to suffer R.I. for one month. He also found similarly some other accused guilty of various offences on various counts and sentenced each one of them to various periods of imprisonment and fines. He, however, acquitted A6, A7, and A15.

(2.) The accused who were found guilty and convicted, i.e., A1, A2, A3, A4, A5, A9, A10 and A11 preferred appeals against their convictions and sentences to the Sessions Judge at Guntur. The learned Additional Sessions Judge heard the matter in Criminal Appeal No. 301/80. The learned Sessions Judge in the appellate Court acquitted A4 and A11 of all the charges. The convictions of A1, A2, A5 and A10 under S. 324, I.P.C. for voluntarily causing injuries to P.W. 1 by a deadly weapon was confirmed. However, the sentence of R.I. for two years imposed by the Court of first instance on each count was reduced to four months R.I., while maintaining the fine imposed. The convictions of A2, A4, A5 and A9 under S. 324, I.P.C. for causing injuries to P.W. 2 by means of a deadly weapon were also confirmed but the sentence of two years R.I. awarded by the trial Court was reduced to four months R.I. while maintaining the fine. The conviction of A1, A3, and A9 under S. 324, I.P.C. for causing injuries P.W. 3 by means of a deadly weapon was confirmed. But, the sentence of two years R.I. awarded by the lower Court was altered to four months R.I. while maintaining the fine. The convictions of A1 to A3, A5, A9 and A10 under S. 148, I.P.C. were confirmed and the sentence of one year R.I. imposed by the trial court was altered to four months R.I. The rest of the charges on which the trial court found these accused guilty were set aside.

(3.) In this Revision Petition, preferred by A1, A3, A5 and A9 only the orders passed by the lower appellate court are questioned.