JILLELA NARENDER REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Appeal is filed by the Appellants/Accused Nos.1 to 10, aggrieved by the conviction recorded by the Special Sessions Judge for Trial of Cases under SCs & STs (POA) Actcum-VII Additional District and Sessions Judge, Mahabubnagar, in SC.Nos.1 of 2011, 38 of 2011 and 27 of 2009, dtd. 28/5/2012, whereby the learned Sessions Judge convicted Accused Nos.1 to 10 for the offence punishable under Sec. 448, 427 read with 34 of the Indian Penal Code and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.500.00 for the offence under sec. 427 R/w.34 of IPC and further sentenced to pay a fine of Rs.500.00 for the offence under Sec. 448 R/w.34 of IPC; convicted the Accused Nos.1 and 3 for the offence under Sec. 506 of the Indian Penal Code and Sec. 3(1)(x) of the SC/ST (POA) Act, 1989 and sentenced to undergo simple imprisonment for six months for the offence under Sec. 506 of IPC and further sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.1,000.00 each for the offence under Sec. 3(1)(x) of the SC/ST (POA Act, 1989.

(2.) Heard and perused the record.

(3.) Briefly, the case of the prosecution is that PW1 was running a hospital in the name of Divya Hospital at Shadnagar. He belongs to 'Yerukala' caste, which is a Scheduled Tribe. On 9/9/2008, a person was admitted in the hospital of suspected snake bite. The duty doctor diagnosed and gave medication. However, the person developed neurological signs and ultimately died. On the very same day, nearly 25 persons entered into the hospital and ransacked the hospital by breaking glasses, damaging furniture and also beat the staff.