P SURYANARAYANA RAJU Vs. STATE OF A P

JUDGEMENT

(1.) Crl.R.C.No.1196 of 2000 was preferred by A-1 to A-4, A-6 and A-7 and Crl.R.C.No.247 of 2001 was preferred by the complainant in C.C.No.370 of 1997 on the file of the learned V Metropolitan Magistrate, Visakhapatnam.

(2.) Since both the Revision Cases arose out of the Judgment in the same Calendar Case, both the Revisions are clubbed and the common Judgment is delivered.

(3.) A private complaint has been filed by the complainant for the offence under Section 500 of IPC against 8 persons alleging that they committed offence on 02-11-1994. The Court took cognizance of the offence and during the pendency of the matter, A-5 was acquitted under Section 257 of Cr.P.C. on 09-02-1996. A-8 is an Association in which the other accused were members, therefore, the trial Court, after considering the oral and documentary evidence, convicted A-1 to A-4, A-6 and A-7 for the offence under Section 500 of IPC and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.500/- each, in default to undergo simple imprisonment for one month. Being aggrieved by the conviction and sentences, A-1 to A-4, A-6 and A-7 preferred Crl.A.No.70 of 1998 on the file of the Metropolitan Sessions Judge, Visakhapatnam. The learned Sessions Judge, while confirming the conviction imposed by the trial Court, modified the sentence by setting aside the simple imprisonment of six months on each accused and enhancing the fine amount of Rs.500/- imposed by the trial Court to Rs.5,000/- and in default of payment of the enhanced fine amount, each of the accused were directed to undergo simple imprisonment for three months. Being aggrieved by the modification of the sentence ordered by the Appellate Court, the complainant preferred Crl.R.C.No.247 of 2001 seeking enhancement of the sentence and A-1 to A-4, A-6 and A-7 preferred Crl.R.C.No.1196 of 2000 challenging the conviction and the sentence of fine imposed on them and requested to acquit them by setting aside the conviction and sentences imposed on them.