T. Balram v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY ,THE FIFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL NO: 849 OF 2023 Crl.Appeal Under Section 374 (2) of Crl.P.C. against the Judgment dated 11-09-2023 in S.C.No. 239 of 2019 on the file of the Court of the Special Judge for Trial of Cases Under Essential Commodities Act cum lll Additional Metropolitan Sessions Judge, Hyderabad Between:

'1. T. Balram, S/o T. Narayana Aged 57 year Occ, Private Service Rio H.no.13-4239/17, Sabjimandi, Jiyaguda, Hyderabad.

2. T. Chandrakanth, S/o T. Yadagiri Aged 36 years Occ. Vegetable Vendor r/o H.No. 13-4-239/9/33, Kargil nagar, Karuvan, Asifnagar, Hyderabad. APPELLANTS/Accused 2 & 3 AND The State of Telangana, Rep. by Public Prosecutor, High Court, Hyderabad RESPODENT/ Complainant lA NO: 1 OF 2023 Petition under Section 389 (1) of Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the sentence passed in the judgment in SC.No.239/2019 dt.111912023 on the file of learned Special Judge for Trial of cases under Essential Commodities Act cum lll Addl.

Metropolitan Sessions Judge, Hyderabad (to the extent of it went against the appellants) convicting the appellants/Accused 2 and 3 and sentenced to undergo Simple lmprisonment for Six (6) months and to pay fine of Rs.1,0001 each, in default of payment of fine amount the appellants/accused nos. 2 and 3 shall suffer simple imprisonment for a period of three monthg each for the offence punishable under sec. 324 of lPC, and enlarge the petitioners on bail pending disposal of appeal in the interest of justice Counsel for the Appellant: SRl.

THE HON'BLE SRI JUSTICE K.SURENT)ER CRIMINAL APPEAL No.849 OF 2023 JUDGMENT:

Assailing the judgment dated 11.09.2023 in Sessions Case No.239 of 2019 passed by the learned Special Judge for Trial of Cases under Essential Commodities Act-cum-llI Additional Metropolitan Sessions Judge, H_vderabad, the appellants, who are Accused Nos.2 and 3 in the said case, preferred the present Criminal Appeal.

2.

Vide aforesaid judgment, the Trial Court convicted the appellants/Accused Nos.2 and 3 for the offence under Section 324 I.P.C. The Trial Court directed that the appellants/Accused Nos.2 and 3 are sentenced to undergo Simple Imprisonment for a period of six months and to pay a fine of Rs. 1,O00/- each and in default of payment of fine to undergo Simple Imprisonment for a period of three months each for the olfence punishable under Section 324 I.P.C.

3.

The case of the prosecution is that Accused No. I (died) went along with these appellants, who are Accused Nos.2 and 3, and assaulted the injured PWs 2 and 3.

KS, / Crl.A.No.849 of2023 4.

Learned counsel appearing for the appellants would submit that even according to the case of the prosecution and the evidence adduced during the course of trial, it was Accused No. 1, who beat PWs 2 and 3 with spanner and caused injuries. The appellants were only present at the scene and no specific overt acts are attributed to the appellants regarding the assault. i 5.

On the other hand, learned Additional Public Prosecutor would submit that since these appellants \ /ere present, it is apparent that all the three accused have conspired to cause injuries to the victims. Accordingly, the conviction cannot be set aside.

6.

Since the witnesses, who were examined, did not narrate about any specific overt acts of the appellants in causing injuries to PWs 2 and 3 and in fact, they accompanied Accused No.1 when the assault had taken place, this Court deems it appropriate to reduce the sentence of imprisonment maintaining the conviction against the petitioners for the offence punishable under Section 324 LP.C.

1(.5" J Crl.A.No.849 o1 2023 7.

Accordinglv, the Criminal Appeal is partly allowed. The sentence imposed on the appellants/ Accused Nos.2 and 3 in Sessions Case No.239 of 2019, dated 11.O9.2023, b-y the Special Judge for Trial of Cases under Essential Commodities Act-cum-III Additional Metropolitan Sessions Judge, Hvderabacl. is reduced to the period of imprisonment already undergone by the appellants. The bail bonds of the appellants/Accused Nos.2 and 3 shall stand cancelled.

8.

Pending miscellaneous applications, if any, shall stand closed.

Sd/. B.S. CHIRANJEEVI, JOINT REGISTRAR //TRUE COPY// p,"

To sEcTtoN oFFICER '1. Tte special Judge for Trial of cases Under Essential commodities Act cum lll Additional Metropolitan Sessions Judge, Hyderabad

2. The XVI Additional Chief Metropolitan Magistiate, Hyderabad.

3. The Station House Officer, Kulsumpura p;lice Station, Hyderabad.

4. Two ccs to Pubric prosecutor, High court for the state of rerangana at Hyderabad. (OUT)

5. One CC to SRl. SUBHASH S|NGH, Advocate tOpUCl

6. Two CD Copies *tg

HIGH COURT KSJ DATED:0511012023 l ELA .e> ry q ,<, sQ qO u-o c H9 * 1!l

JUDGMENT

Criminal Appeal .No.849 of 2023 PARTLY ALLOWING THE CRL. APPEAL ffi €)c"ea