The High Court dismissed the appellant's appeal regarding conviction but modified the sentence passing on for offences under Sections 448 and 506 IPC, substituting it with a fine.
Sentence of imprisonment commuted to a fine of Rs. 10,000, with Rs. 9,000 payable to the victim within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[32ee I
NOTE : The Accused/Appellant was directed to be released on bail by the order of the High Court dated 21.03.2011 in Crl.A.M.P.No.570 of 2011 in Crl.A.No. 270 of 2011
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENry FOUR
PRESENT
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
CRIMINAL APPEAL NO: 270 OF 2011
Appeal filed under Section 374(2) of Cr.P.C., against the Judgment dated 14.03.2011 passed in S.C.No. 258 ol 2O1O on the file of the Court of the Special Judge for Trial of Offences under SCs & STs (POA) Act - cum - Vl Additional Metropolitan Sessions Judge, Secunderabad.
Between:
C.Jangaiah, S/o. C.Komaraiah, Age: 46 years, Occ: Railway Guard, Rl/o. H.No. 1'1-'1-624i6lB-60, Near Sridevi Talkies, Chilakalguda, Secunderabad
...AppellanUAccused
AND
The State of Telangana, through the Sub- lnspector of Police, P.S., Chilakalguda, Rep. by its Public Prosecutor, High Court of Telangana, at Hyderabad.
...RespondenUCom plainant
Counsel for the Appellant : Sri S. Surender Reddy
Counsel for the Respondent : Public Prosecutor
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No. 27O of 2OLL
ORDER:
The present Criminal Appeal is filed under Section 374 (2) of Cr.P.C aggrieved by the Judgment of conviction passed in S.C.No.258 of 2010, dated 14.03.2011 on the file of the learned Special Judge for Trial of offences under SCs and STs (POA) Act-cum-Vl Additional Metropolitan Sessions Judge; Secunderabad.
2
,r
demanding togive Rs.20,000/- towards cost of cement sheets. PW. 1madecries,some of the personswho were on the road cameand rescued. Then the accusedwent out'
3
I I
"In the result, the accused_ is found- guitttl for the offence under Section 448 of IpC and- conuicted under Section 235 (2) Cr.P.C and sentenced" to undergo simple impisonment for o peiod of six months. Further the acansedis found guiltg for the offence und-er Section 506 part I of IpC and conuicted under Section 2SS (2) Cr.p.C and, sentenced. to undergo simple impisonment for a peiod_ of six months. Both the sentence shall run concurrently. Howeuer the accused is found not guiltg for the offence und,er Section 354 IPC and he is acquitted under Section 235 (1) Cr.p.C for the offence under Section SS4 IpC."
Challenging the same, the present criminal appeal 1S preferred.
4
appeal is partly allowed.
Pending miscellaneous applications, if any, shallstand
closed
sd/- B.S. CH vl JOIN IS
//TRUECOPY//
SECTIONOFFICER
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HIGH COURT
DATED:0410312024
ORDER
CRLA.No.27O of 2011
PARTLY ALLOWING THE CRLA 1.0Q &.
2 issues framed by the court
Whether the sentence of simple imprisonment imposed by the trial court on the appellant for offences under Sections 448 and 506 IPC should be commuted.
What fine should be imposed in lieu of the imprisonment sentence.
2 provisions across 2 enactments
C.Jangaiah
The State of Telangana
E.V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
