PARAMATA JOHN Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Revision is directed against the Judgment in Criminal Appeal No.19 of 2005, dated 11-01-2007 passed by the learned II Additional District and Sessions Judge, East Godavari district at Amalapuram, whereby and where under the first petitioner (A-1) has been sentenced to undergo Rigorous Imprisonment (Hereafter 'R.I.') for a period of two years and to pay a fine of Rs.100/- in default to suffer Simple Imprisonment (Hereafter 'S.I.') for four months for the offence punishable under Section 324 of IndianPenal Code (Hereafter I.P.C) and the petitioners 2 and 3 i.e. A-3 and A-4 have been sentenced to undergo R.I. for a period of six months and to pay a fine of Rs.100/- in default to undergo S.I. for four months each. The petitioners herein will be referred as they are arrayed in the trial Court for the sake of convenience.

(2.) The brief facts of the case are as follows : All the accused and material prosecution witnesses are residents of Saripalli village within the jurisdiction of Uppalaguptham police station. On 03-06-2003, at about 10-00 p.m. one Geddam Srinu who is handicapped was sleeping near Ambedkar statute by keeping his three wheeler rickshaw by his side, one Korukonda Jeevarathnam woke up G. Srinu and asked him to bring his three wheeler rickshaw. G. Srinu refused to accede to the request of K. Jeevarathnam, then K. Jeevarathnam is alleged to have pushed G. Srinu and taken away the rickshaw. On 04-06-2003 in retaliation to that K. Krupavaram and K. Jeevarathnam are alleged to have attacked one Geddam Nageswara Rao and others and beat them with sticks and caused injuries. As a result of this incident, Criminal cases in Crime No. 52 of 2003 and 53 of 2003 under Sections 324 read with 34 of I.P.C. have been registered in Uppalaguptham police station. As things stood thus, on 06-06-2003 at about 01-00 p.m. when Korukonda John (P.W.I) and his son Korukonda Krupanandam (P.W.2) were sitting near the mechanic shop of P.W.1, A-1 to A-13 along with others armed with knives, axes and iron rods attacked P,W.1 proclaiming that P.W.1 should not be spared and he should be killed. A-1 beat PW.1 on his head with iron rod, A-2 is also alleged to have beat on the head of P.W.1 with iron rod, A-3 beat P.W.1 on his chest and stomach with a stick, A-4 beat P.W.1 on his thighs with a stick, A-5 and A-6 beat him with sticks indiscriminately, A-7 to A-11 also beat P.W. 1.

(3.) The prosecution case is that P.Ws. 2 to 6 have witnessed the incident. Then PW.1 gave a written complaint to the police on the same day at 02-30 p.m. basing upon which a case in crime No.54 of 2003 under Sections 147, 148, 307, 324 read with 149 of I.P.C. was registered. Then, P.W.1 was sent to Government Hospital, Amalapuram for better treatment. A-8, A-10, A-11 were arrested on 07-06-2003, A-1 to A-7, AS, A-12 to A-14 were arrested on 09-06-2003. After completion of investigation, the police filed charge sheet against the accused.