SADATH ALI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellants/A1 to A4 are questioning their conviction for the offences under Ss. 307, 326, 324 r/w 34 IPC, vide judgment in S.C.No.171 of 2009 dtd. 21/6/2010 passed by the VII Additional Metropolitan Sessions Judge, Hyderabad.

(2.) Briefly, the case of P.W.1/defacto complainant is that all the appellants are residents of his area. In the year 2007 one Mukhtar (not examined) informed P.W.1 that the appellants forcibly took away his motor cycle, mobile phone and gold ring although he had cleared loan due to 1st appellant/A1. A1 and A2 are brothers and A3 and A4 are their cousins. P.W.1 settled the issue in between said Mukhtar and A1. The articles that were allegedly seized from Mukhtar were returned at the instance of P.W.1. Thereafter, on 13/4/2007 between 10.30 p.m and 11.00 p.m, while P.W.1 was near Moin Cycle shop at Talabkatta, all the accused and three others attacked with iron rods, sticks and talwar. A1 attacked with a stick and beat him on the right leg. When he fell down, A1 attacked with sword on the head. A3 attacked P.W.1 with iron rod on left shoulder and other parts of the body. A2 beat P.W.1 with talwar and iron rod. A4 caught hold of P.W.1 when he was attacked by the other accused. Having witnessed the attack, P.W.3 tried to intervene, however, he was also attacked by the appellants and three others. P.Ws.1 and 3 went to Osmania General Hospital for treatment. Complaint was lodged on the very same day and immediately, Sec. 161 Cr.P.C statements were also recorded.

(3.) The Investigating Officer, having examined witnesses and effecting seizures which were MO1, wooden stick, MO2 sword and MOs3 and 4 iron rods, filed charge sheet against the appellants.