Busi Koteswara Rao & Ors vs State Of A.P

1) These appeals are directed against the final judgments and orders dated 20.06.2007 and 13.06.2007 of the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal Nos. 368 and 367 of 2003 respectively whereby the High Court while setting aside the conviction and sentence of other accused, partly allowed the criminal appeals upholding the conviction of the appellants herein for the offences punishable under Sections 148 and 436 of the Indian Penal Code, 1860 (in short ‘the IPC’) and reduced the sentence for the offence punishable under Section 436 of the IPC from 7 years to 3 years while maintaining the amount of fine and directed the appellants herein to surrender themselves before the trial Court in order to serve the remaining period of sentence.

2) Brief facts:

4) In the case on hand, total 79 persons were chargesheeted for various offences under IPC including Sections 147, 148 and Section 436. Though the prosecution has examined 52 witnesses and exhibited 12 documents in support of their case, among those witnesses, PWs 1-42 alone were cited as the eye- witnesses to the occurrence. Due to the arson and violence that had happened on 14.04.1997 between two groups of the same village, about 50 dwelling houses reduced into ashes. PWs 2, 4-15, 18, 20, 22, 23 and 26-41 did not support the case of the prosecution and were declared hostile witnesses. On the other hand, PWs 1, 3, 16, 17, 19, 21, 24, 25 and 42 supported the version of the prosecution.

13) Coming to the sentence, the prosecution has established the offence under Sections 148 and 436 of IPC. Insofar as the appellants are concerned, though the trial Court has awarded 7 years of imprisonment, the High Court reduced the same to 3 years while maintaining the fine amount. In fact, Section 436 IPC enables the court to award punishment with imprisonment for life or with imprisonment of either description for a term which may extend to 10 years in addition to the fine. We have already noted that the dwelling houses of PWs 1-42 were set on fire and reduced into ashes by the above appellants/accused and the same have been duly established by the prosecution beyond reasonable doubt. Taking note of the sentence prescribed under Section 436 of IPC, we are of the view that even the reduction of sentence by the High Court is not warranted, however, in the absence of appeal by the State, we are not inclined to disturb the same. 14) In the light of the above discussion, both the appeals are dismissed. In view of the fact that this Court on 06.03.2009 enlarged all the appellants on bail, if any portion of the sentence is left out, they are directed to surrender within a period of 2 weeks from today to undergo the remaining sentence.

NOVEMBER 22, 2012.

Hon'ble Mr. Justice P. Sathasivam pronounced the judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice Ranjan Gogoi.

The appeals are dismissed. In view of the fact that this Court on 06.03.2009 enlarged all the appellants on bail, if any portion of the sentence is left out, they are directed to surrender within a period of 2 weeks from today to undergo the remaining sentence.

[Signed reportable judgment is placed on the file ]