The State of Telangana, Rep Pp., Vs Bachanaboina Anjaiah (A-1)

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[³³⁰³ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO

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CRIMINAL APPEAL NO: 1016 OF 2017

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Appeal under Section 377 (2) of Cr.P.C against the Judgment dated 03.08.2016 in S.C.No.416 of 2013 on the file of the Court of the Assistant Sessions Judge at Nalgonda.

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Between:

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The State of Telangana rep. by the Public Prosecutor, High Court at Hyderabad.

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...AppellanUComplainant

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AND

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Bachanaboina An1arah (A-1), Sio. Eakkalaiah, Occ Agriculture, Rl/o. Chinthakuntla Village of Deverakonda Mandal (A-1) ... RespondenUAccused

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(A-2 to A-B are not necessary parties)

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l.A. NO: 3 OF 2017(CRLAMP. NO: 2084 oF 2017)

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Petition under Section 377(2) of Cr.P.C.^praying that in the circumstances stated in the affidavit filed rn support of the^petition, the High Court^{may be} pleased to grant special leave to present an appeal for enhancement of sentence awarded to the accused in S.C.No.416/2013 on the file of Assistant Sessions Judge, Nalgonda.

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Counsel for the Appellant : Mr. M. Vivekananda Reddy Assistant Public Prosecutor

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Counsel for the Respondent :^-

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The Court delivered the following:

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THE HONOURABLE SRI JUSTICE^{J. SR]JENTVAS RAO}

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CRIMINAL APPEAL No.1016 of i OL7

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JIIDGMENT:

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This Criminal Appeal has been hle<t by the^State, seeking enhance of the sentence^{passed ry ttre learned} Assistant Sessions Judge, Nalgonda, in^Ii C.^{No. 416 of} 2O13 dated 03.08.20 16, whereby the^{respordent/accused} No.I was convicted for the offence^purishable under Section 307 of the Indian Pena,l Code,^{I ii60 (for} short, IPCJ and sentenced to undergo Rigorous^{Irr prisonment} for a period of two years and to pay a hne of^{r s. 1,00O} f^-, atd in default of payment of hne, to ur Ldergo Simple Imprisonment for a period of six months

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In spite of service of notice, the respredent/accused No.l has not chosen to enter appearancr in the^present appeal.

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Mr.M.Vivekananda Reddy, learned lr;sistant Public Prosecutor appearing for appellant/: tate, learned Assistbq! Public Prosecutor submitted thal the trial Court,

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without properly appreciating the oral and .docurnenta_ry evidence adduced by the prosecution, convicted respondent/accused No.1 for the offence under Section 3OT of the IPC. The trial Court ought to have awarded major sentence of rigorous imprisonment, considering that the prosecution proved and established that accused No.1 comrnitted the offence punishable under Section 307 of the IPC. He further submitted that the trial Court did not award any compensation to the victim as required under Section 357 Cr.P.C., despite the fact that the victim had sustained grievous injuries at the hands of accused No.1. Hence, accused No.l is liable for enhancement of the sentence.

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t1. Having considcred the submissions made by the learned Assistant Public Prosecu,tor and after perusal of the impugned judgment. it revea-ls that even according to the evidence adduccd by the prosecution, including Exs.P2 and P4, the victim sustained simpie injuries.

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.l

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In view of the above said^evidence and also the S principles laid down by the Honble^{Apex o} rurt in Rais @ Torun and others a. State of^MadhgaPtct teshr and also in Blr Singh and Others a. State oJ^Uttar Prad.eshz, the trial Court below rightly came to a^concl rsion that the accused No.l is convicted for^{the offence'} under section 3O7 of the IPC and also sentenced to^: rffer Rigorous Imprisonment for a period of 2^{years ar} d to pay hne amount of Rs. 1,000/- in default^to suffer Simple Imprisonment for Six months.

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Even according to the^{learned As} sistant Public Prosecutor, the accused No.1 has not^lil rd any appeal against the^judgment passed by the^{trial C:} :rt and he has undergone the sentence imposed by^{the trirr} Court.

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1.^{Taking intoconsiderationthe} lacts and circumstances of the case, this Court^do: ; not find any

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