THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.A.No.1252 of 2005 JUDGMENT This appeal is directed against the judgment, dated 27.07.2005, passed by the learned Metropolitan Sessions Judge, Vijayawada. 2. The brief facts of the prosecution case are as follows: P.W.1-de facto complainant and A1 to A8 are residents of Harijanawada, Tadigadapa Village. When A1 used to tease one Santhi, the maternal uncle’s daughter of P.W.1, the elders warned him, due to which, A1 bore grudge against P.W.1 and his family members and hatched a plan with the help of A2 to A8 to do away the life of P.W.1 On the night of 24.01.2003, some miscreants set fire to the house of the mother of Santhi and when she abused the miscreants, A1 and others quarrelled with her. On 28.01.2003 at about 8.00 hrs., when P.W.1 was returning to home after answering calls of nature, A1 and A2 attacked him from behind with a knife-M.O.1 and caused injuries to him and when P.Ws.2 to 5 intervened, all the accused attacked them and caused injuries. Basing on the report given by P.W.1, a case in Cr.No.45 of 2003 was registered against A1 to A8 for the offences punishable under Sections 148, 307, 324 read with Section 149 IPC. The police recorded the statements of witnesses concerned and arrested all the accused on different dates. After completion of investigation, police filed the charge sheet. 3. During the course of trial, P.Ws.1 to 11 were examined and Exs.P1 to P10 were marked on behalf of the prosecution and M.O.1 was also marked. No evidence was adduced on behalf of the defence, but Exs.D1 to D4 were marked. 4. The learned Sessions Judge after analysing the entire evidence and the documents held A1 to A8 are guilty of the charges under Sections 148, 324 read with section 149 IPC, convicted and sentenced them as under; “A1 is sentenced to undergo one year rigorous imprisonment for the offence under Section 148 IPC and further sentenced to two years rigorous imprisonment for the offence under Section 324 IPC for causing injuries to P.W.1; and further sentenced to one year rigorous imprisonment for the offence under Section 324 read with Section 149 IPC for participating in causing injuries to P.Ws.2,4, and 5 and also sentenced to one year rigorous imprisonment for the offence under Section 324 for causing hurt to P.W.3. A2 is sentenced to undergo one year rigorous imprisonment for the offence under Section 148 IPC and further sentenced to one year rigorous imprisonment for the offence under Section 324 IPC each for causing hurt to P.Ws.1 and 3; and further sentenced to one year rigorous imprisonment for the offence under Section 324 read with Section 149 IPC for participating in causing injuries to P.Ws.2,4 and 5 each. A3 is sentenced to undergo one year rigorous imprisonment for the offence under Section 148 IPC and further sentenced to one year rigorous imprisonment for the offence under Section 324 IPC for causing hurt to P.W.4 and P.W.3; and further sentenced to one year rigorous imprisonment for the offence under Section 324 read with Section 149 IPC for participating in causing injuries to P.ws.1,2 and 5 each. A4 is sentenced to one year rigorous imprisonment for the offence under Section 148 IPC; further sentenced to one year rigorous imprisonment for the offence under Section 324 IPC for causing hurt to P.W.2 and P.W.3; and further sentenced to one year rigorous imprisonment each for the offence under Section 324 read with Section 149 IPC for participating in causing injuries to P.W.1, P.W.4 and P.W.5; A5 is sentenced to undergo one year rigorous imprisonment for the offence under Section 148 IPC; further sentenced to one year rigorous imprisonment each for the offence under Section 324 read with section 149 IPC for participating in causing injuries to P.Ws.1,2, and 4. A6 is sentenced to undergo one year rigorous imprisonment for the offence under section 148 IPC; further sentenced to one year rigorous imprisonment each for the offence under Section 324 IPC for causing hurt to P.W.5 and P.W.3; further sentenced to one year rigorous imprisonment each for the offence under Section 324 read with Section 149 IPC for participating in causing injuries to P.Ws.1,2 and 4. A7 and A8 since ladies and the evidence shows that they are also members of the unlawful assembly and they also caught hold of P.W.1 and beat him and also participated in causing injuries to P.ws.2 to 5, they are sentenced to pay fine of Rs.2000/-each for the offence under Section 148 IPC and also sentenced to pay fine of Rs.500/-each for participating in causing injuries to P.Ws.1 to 5 for the offence under section 324 read with Section 149 IPC. All the sentences imposed against A1 to A6 shall run concurrently and in default of payment of fine imposed against A7 and A8, they shall undergo simple imprisonment for three months for each count. M.O.1 shall be destroyed after expiry of appeal time”. Questioning the said conviction and sentence, the petitioners/A1 to A8 filed the present appeal. 5. Heard both sides and perused the material on record. 6. From the record, it appears that all the petitioners were in jail for a substantial period. In the facts and circumstances of the case and in view of the nature of the offences committed by the petitioners, this Court is not inclined to interfere with the judgment impugned. But however, taking into consideration the age of the petitioners and the lapse of eight years from the date of occurrence, this Court is of the view that this is a fit case where a lenient view can be taken insofar as the sentence of imprisonment is concerned. Accordingly, the sentence of imprisonment imposed by the trial Court against the petitioners is reduced to the period already undergone. Insofar as the sentence of fine imposed against A7 and A8 is concerned, there is no need to interfere with the same. Further, A1 to A6 are directed to pay a fine of Rs.6,000/-(Rupees six thousand only) each apart from the fine already paid by them, before the trial Court on or before 30.12.2012 and on such payment, the entire amount shall be paid to P.Ws.1 to 5-injured equally as compensation, in default they shall undergo six months simple imprisonment each. The petitioners be set at liberty if the fine amount is paid and if they are not required in any other crime. 7. With the above modification, the Criminal Appeal is dismissed. Miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO 16th November, 2012 sj