VIVEK SINGH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Criminal Appeal No.139 of 2023 is filed by the appellants/A1 to A3 and A5 questioning the conviction for the offence under Sec. 324 r/w 34 of IPC. The appellants were tried for the offence under Sec. 307 r/w 34 of IPC by the II Additional Metropolitan Sessions Judge, Hyderabad. The learned Sessions Judge vide judgment dtd. 30/12/2022 found that the appellants were guilty for the offence under Sec. 324 r/w 34 of IPC and sentenced them to pay fine of Rs.10,000.00.

(2.) Criminal Appeal No.441 of 2023 is filed by the defacto complainant/injured seeking enhancement of the punishment. The injured/appellant is aggrieved by the order of the learned Sessions Judge in not ordering imprisonment but letting off the accused on fine.

(3.) The case of the prosecution is that on 3/12/2011 at about 19.00 hrs, there was pretty quarrel among the brothers of P.W.5 and in that quarrel his second brother Gopal Singh's son Naresh Singh @ Pappu (A3), Asish Singh (Boy Juvenile) called their elder brother Mahender Singh (A5) and his sons Ramender Singh(A2), Vivek Singh @ Lakhan Singh (A1) over telephone and altogether beat him with hands. Thereafter, they have compromised before the elders. At about 22.00 hours, P.W.5 went out from his house for recharging his mobile. All of a sudden, his elder brother Mahender Singh (A5) and his sons Ramender Singh(A2), Vivek Singh @ Lakhan Singh (A1) and Gopal Singh's sons Nitesh Singh @ Pappu (A3) and Asish Singh (Boy Juvenile) have attacked him with an intention to put end to his life. Vivek Singh @ Lakhan Singh (A1), Ramender Singh (A2) stabbed him with dagger on his abdomen, chest and back side and Gopal Singh's sons Nitesh Singh @ Pappu (A3), Asish Singh (Boy Juvenile) and Mahender Singh (A5) beat him with stones with an intention to end his life and sped away from the spot and on his hue and cries with severe bleeding injuries, his brother Suresh Singh along with his friend Suddu Rao shifted him to Osmania General Hospital for treatment. Basing on the complaint, a case in Crime No.230 of 2011 under Sec. 324 r/w 34 IPC was registered.