Boya Eswar, v. the State of a.P., Rep by Pp.

HON’BLE SRI JUSTICE C. PRAVEEN KUMAR

CRIMINAL REVISION CASE No. 1534 of 2007

ORDER:

The present Revision is filed under Sections 397 and 401 Cr.P.C. challenging the conviction and sentence imposed in Criminal Appeal No.108 of 2006, dated 31.10.2007, on the file of the II Additional Sessions Judge, Kurnool, at Adoni, confirming the conviction and sentence imposed in C.C. No.42 of 2004, dated 30.8.2006 on the file of the Judicial Magistrate of First Class, at Alur, wherein the petitioner-accused was convicted under Section 324 I.P.C. and sentenced to suffer simple imprisonment for a period of four months and to pay fine of Rs.250/-, in default, to suffer simple imprisonment for a period of one month.

1. The case of the prosecution is that on the night of 24.3.2004, a day and night cricket match between India and Pakistan was being telecasted. At about 10.30 PM, the nephew of the informant by name Kiran, in jubilation of India’s victory came out and started bursting crackers in front of his home. The accused, whose house is nearby the house of Kiran, felt annoyed on the bursting of crackers, came out and scolded Kiran. Thereby a verbal quarrel ensued. The informant (P.W.1), who is the maternal uncle of Kiran and whose house was nearby, observed the same and questioned stating as to what was wrong in bursting crackers on the eve of India winning the cricket match against Pakistan, which resulted in quarrel between them.

2

At that time, the wife of the informant Radhamma (P.W.3) and the aunt of the informant Anjinamma (P.W.2) came there. The commotion brought PW.4 Siva Sivamma and P.W.5 Thimmappa, whose houses are nearby to that place. The accused got angry on the informant, took a cart peg which was fixed to his cart in front of his home and beat him with it on his head, causing a bleeding injury. When P.W.2 interfered, the accused also gave a blow with the same cart peg on her head and caused a bleeding injury. P.Ws.3 and 4 raised hues and cries and on seeing the gathering of neighbours, the accused ran away from that place. Thereafter, P.W.1, accompanied by P.Ws.4 and 5, approached the Police Station and lodged a report. Basing on which, a case in crime No.23 of 2004 came to be registered for the offence punishable under Section 324 I.P.C. After investigation, police filed a charge-sheet, which was taken on file as C.C. No.42 of 2004. On appearance of the accused, copies of the documents, as required under Section 207 Cr.P.C., came to be furnished and he was examined under Section 239 Cr.P.C., to which he pleaded not guilty.