IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1665 of 2009 Between: State of A.P. rep by Public Prosecutor, High court of A.P., Hyderabad Appellant / Petitioner AND Miryala Yadagiri, S/o. Venkatesham, President of Nalgonda District Power Looms Weavers Co-operative Society Ltd., Nalgonda And others. …Respondents / Accused The Court made the following: THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1665 of 2009 JUDGMENT: 1. This Criminal Appeal is directed against the judgment dated 10.08.2007, in C.C.No.564 of 2004 on the file of the Court of the Special Judicial First Class Magistrate (for Prohibition & Excise Offences), Nalgonda, whereunder and whereby, the respondents were found guilty of the offences punishable under Sections 143, 323, 504 read with 149 of Indian Penal Code and are sentenced to pay a fine of Rs.2,000/- each for the offences under Section 147 of the Indian Penal Code and Rs.1,000/- for the offences punishable under Section 323 of the Indian Penal Code and Rs.1,000/- for the offences punishable under Section 509 read with Section 149 of the Indian Penal Code and in default to pay fine, Simple Imprisonment for a period of three months to each accused for each offence. 2. The brief facts, which are necessary for the disposal of the prosecution case, may be stated as follows: On 21.05.2003 at 02:00 P.M., all the accused trespassed into the house of P.W.2 and dragged him out from the house and gave fist blows on the mouth and on the back of the P.W.2 and also threatened with dire consequences. The accused also abused P.W.2 in filthy language. The respondents reported the matter to the police, but the police did not take any action. Hence, he filed a private complaint Ex.P.2 3. The trial Court took cognizance of the case for the offences punishable under Sections 147, 148, 323, 504 r/w 149 IPC. 4. When the accused were examined under Section 251 Cr.P.C., they pleaded not guilty and claimed to be tried. 5. To substantiate it case, the prosecution examined P.W.s 1 to 9 and got marked Exs.P.1 to P.4. On behalf of the accused, D.W.1 was examined and Exs.D.1 to D.3 were marked. 6. The trial Court, after elaborate consideration of evidence of prosecution witnesses, found the accused guilty and accordingly convicted and sentenced them as stated above. For enhancement of the sentence, the present Criminal Appeal is filed by the state. 7. There cannot be any dispute that the sentence should be in proportionate with the severity of the crime. The Doctor, who treated P.W.2, was not examined to show the nature of injuries. But the allegation is that all the accused caused simple injuries to P.W.2. For this offence, they are rightly convicted of the offence under Section 147 of the Indian Penal Code. Similarly, all the accused threatened P.W.2 with dire consequences. For this offence, the trial Court found them guilty of the offence under Section 323 of the Indian Penal Code and convicted them. All the accused were carrying deadly weapons and trespassed into the house of the accused. For this offence, they were found guilty under Section 504 read with 149 of Indian Penal Code. IN the facts and circumstances of the case, imposing the sentence of fine cannot be said to be lesser punishment. The sentence imposed by the trial Court is well in proportionate with the severity of the crime. For the reasons stated above, I do not find any ground to interfere with the judgment dated 10.08.2007, in C.C.No.564 of 2004 on the file of the Court of the Special Judicial First Class Magistrate (for Prohibition & Excise Offences), Nalgonda. Accordingly, the Criminal Appeal is dismissed. ________________ JUSTICE K.C.BHANU November 26, 2009 BVV