THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.531 of 2004 ORDER: 1 Petitioners herein and others were tried by the learned Judicial Magistrate of I Class, Cheepurupalli in O.S.No.105 of 1999 for the offence punishable under sections 147, 325, 323 and 427 r/w 19 of IPC. During the course of trial the prosecution examined PWs.1 to 17 and got marked Exs.P.1 to P.21 on its behalf. Having analysed the entire evidence available on record the learned Magistrate by his judgment dated 31.05.2002 came to the conclusion that the petitioners herein alone are guilty of the said offence punishable under section 323 of IPC and accordingly convicted and sentenced petitioners 1, 2, 4 and 5 to pay a fine of Rs.700/- each, in default to suffer simple imprisonment for two months each; and sentenced the 3rd petitioner to pay a fine of Rs.100/- on two counts totaling to Rs.200/-, in default to suffer simple imprisonment for ten days. Petitioners challenged the said judgment dated 31.05.2002 passed by the trial court before the learned Sessions Judge, Vizianagaram vide Criminal Appeal No.82 of 2002 and the learned Sessions Judge while concurring with the findings of the learned Magistrate dismissed the said appeal. Hence the present revision. 2 Brief facts are that the Sub Inspector of Police, Garla P.S. filed charge sheet against 13 accused for the offence punishable under sections 147, 325, 323 and 427 r/w 19 of IPC. The allegation is that there is political rivalry between the injured witnesses and the accused. On 28.05.1998 at about 6 a.m. there was an altercation between the woman folk of both the groups regarding placing of groundnut waste and it was somehow pacified. Again disputes arose between both the groups. In that the accused 1 to 13 beat the injured witnesses with wooden sticks and stones and caused grievous and simple injuries. It is further alleged that the accused hurled stones against the house of one Reddy Bangarinaidu causing damage to the tube lights and cement sculptures. The learned Magistrate tried the accused for the offences punishable under sections 147, 325, 323 and 427 r/w 19 of IPC but ultimately found the petitioners guilty of the offence punishable under section 323 of IPC only. 3 Heard both sides. 4 Having regard to the evidence available on record, this court is of the view that both the courts below are perfectly justified in holding the petitioners guilty of the said offence. Further, the trial court, taking a lenient view, instead of sentencing the petitioners to imprisonment, sentenced them to pay fine only, and the same is also confirmed by the appellate court, which, in the considered opinion of this court and in the facts and circumstances of the case needs no interference. 5 Accordingly I see no merits in this revision and thus the same is dismissed. -------------- 04.08.2010 Kvsn