GANESH AGRE Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Revision Case is directed against the judgment rendered by the learned Metropolitan Sessions Judge, Hyderabad, in Crl. Appeal No.1135 of 2014 dt.16/4/2015, confirming the conviction and sentence of rigorous imprisonment for one year and a fine of Rs.500.00 for the offence punishable under Sec. 326 of Indian Penal Code imposed against the revision petitioner/accused No.2 by the learned XVI Additional Chief Metropolitan Magistrate, Hyderabad, in C.C.No.568 of 2012 dt.25/10/2014.

(2.) The brief facts of the prosecution case are that on 28/6/2012 at about 2130 hours when the complainant G. Krishna (PW-2) and Mahesh (PW-3) went to Gopi Hotel for having dinner. Accused No.1 to 3 went there and called PW.3 to come out from the Hotel and when PW-3 came out from the Hotel, the accused beat him with his hands and after coming to know the same, Vidyavan (PW-1) came to Gopi Hotel and took his brother (PW-2) Krishna to his house and proceeded to the police station and complained orally about the incident, for which, when PW-2 was alone in his house, the accused went to his house carrying iron rod and enquired about PW-3 and beat PW-2 with hands and an iron rod, due to which, PW-2 sustained bleeding injuries on his left leg and, thereby, accused Nos.1 to 3 committed the offence punishable under Sec. 326 r/w 34 I.P.C.

(3.) The prosecution to prove its case examined PWs 1 to 14 and got marked Ex.P1 to P9, and M.O.1. On behalf of the accused, neither oral nor documentary evidence was adduced. Upon completion of the trial, the trial Court found the accused Nos.1 and 3 guilty for the offence punishable under Sec. 323 I.P.C. instead of Sec. 326 I.P.C., and found the revision petitioner/accused No.2 guilty for the offence punishable under Sec. 326 I.P.C. Accordingly, convicted and sentenced as stated supra. Aggrieved by the said judgment, the revision petitioner/accused No.2 preferred an appeal before the learned Metropolitan Sessions Judge, Hyderabad, vide Crl. Appeal No.1135 of 2014 and the Appellate Court vide its judgment dt.16/4/2015 confirmed the conviction and sentence passed by the trial Court. Hence, the present criminal revision is filed by the revision petitioner/accused No.2.