BONTHU SATYAVATI Vs. SINGUPILLA VENKATANARAYANA AND OTHERS

JUDGEMENT

(1.) This revision is filed under Section sections 397 and 401 of Cr.P.C., 1973 questioning the propriety, legality and correctness of the judgment dated 27.07.2004 in C.C. No. 521 of 2004 passed by the VIII Metropolitan Magistrate, Visakhapatnam finding the accused not guilty of the offences punishable under Sections 324, 448 and 506 r/w 34 IPC.

(2.) The petitioner is the de facto complainant who is the victim sustained injuries in the alleged incident that took place on 02.11.2000 between 7.30 a.m. to 8 p.m. when A-1 to A-5 went to the disputed site of the petitioner, picked up quarrel with him, and the accused abused the petitioner in filthy language and threatened to kill while demanding to hand over the stay order alleged to have been obtained by the petitioner from the court for the high school playground. On seeing the incident, the son of PW-1 viz. Bonthu Nagesh intervened, brought her mother inside the house and on the same day i.e. on 2.11.2000 night at about 9.30 p.m. while PW-1was staying alone in her room, A-1 to A-5 armed with beer bottles, trespassed into the office room by opening main gate, A-1 broke one of the beer bottles and attempted to stab PW-1 with broken bottle piece, when warded off the blow, she sustained bleeding injury on her right hand, the accused also tore the saree and tried to make her drink the beer and abused her in vulgar language with an intention to insult her modesty. The incident was reported to the police and the same was registered as case in Crime No. 99 of 2000 for the offences punishable under Sections 324, 448 and 506 r/w 34 IPC, issued F.I.R. Ex.P-3 and thereafter, the injured was referred to the hospital and the doctor PW-3 who examined PW-1 issued wound certificate Ex.P-2. During investigation, scene of offence was observed, rough sketch was prepared. Exs:P-4 and P-5 are the rough sketch and observation report respectively. After completion of investigation, police filed charge sheet.

(3.) The trial Court after following necessary procedure, framed charges against the accused for the offences punishable under Sections 324, 448 and 324 r/w 34 IPC, read over and explained to them, they pleaded not guilty and claimed to be tried.