RAJAGARI MALLESHAM Vs. STATE OF A.P.

JUDGEMENT

(1.) This criminal revision case is directed against the judgment of the learned IV-Additional District and Sessions Judge (Fast Track Court) at Mahabubnagar, in Crl.A.No.28 of 2003, dtd. 19.12.2007, confirming the conviction and sentence of simple imprisonment for a period of one year and a fine of Rs.2,000/-, in default, to suffer simple imprisonment for six months for the offence punishable under Sec. 326 of I.P.C. imposed against the revision petitioneraccused by the learned Judicial Magistrate of First Class, Achampet, in C.C.No.88 of 2001, dtd. 05.12.2002.

(2.) It is the case of the prosecution that on 06.08.2001 at about 8.00 P.M while P.W.2/complainant along with P.Ws.3 to 5 were talking in the house of P.W.4, the revision petitioner/accused came there and asked P.W.2 to come along with him, for which P.W.2 refused, and then the accused became angry and took out a stick and beat on the left ear of P.W.2, due to which, P.W.2 lost consciousness and fell down. P.W.2 admitted in the Government Civil Hospital and from there he was shifted to Osmania General Hospital, Hyderabad. The revision petitioner/accused was tried for the offence punishable under Sec. 326 of I.P.C.

(3.) The prosecution has examined P.Ws.1 to 7 and got marked Exs.P1 to P6 and M.O.1 to prove the guilt of the accused. On a perusal of the entire evidence, both oral and documentary, the trial Court found the revision petitioner/accused guilty of the offence punishable under Sec. 326 of I.P.C. and accordingly convicted and sentenced to suffer simple imprisonment for a period of one year and to pay a fine of Rs.2,000/-, in default to suffer simple imprisonment for a period of six months.