CHITALA NAGI REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the appellant/accused aggrieved by the judgment, dated 08.06.2009, passed in S.C.No.94 of 2007 by the learned Special Judge for SC/ST (POA) Cases at Warangal, whereby and whereunder, the appellant/accused was convicted and sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs.100/-, in default to suffer simple imprisonment for fifteen days for the offence punishable under Section 3(1)(x) of SC/ST (POA) Act, 1989.

(2.) Heard the learned counsel for the appellant/accused, the learned Additional Public Prosecutor representing the respondent/State and perused the record.

(3.) Learned counsel for the appellant/accused would submit that there is no consistency in the evidence of P.Ws.1, 5 and 6. All of them are interested witnesses. The other so-called eye witnesses, i.e., P.Ws.2, 3 and 4 did not support the case of prosecution. Furthermore, the subject report was lodged by the complainant to the police with a delay of three days. Due to the animosity and differences among the de facto complainant (P.W.1) and the appellant/accused, this case is foisted. It is also submitted that the appellant/accused had undergone kidney transplantation and his health is decreasing day-by-day and also submitted that during pendency of the trial, the appellant/accused was in judicial custody for more than 40 days and ultimately, prayed to set aside the conviction and sentence imposed against the appellant/accused.