Andhra Pradesh High Court - Amravati
Moremreddy Penchala Reddy vs The State Of Andhra Pradesh on 5 January, 2023
Author: C.Praveen Kumar
Bench: C.Praveen Kumar
1 HIGH COURT OF ANDHRA PRADESH MAIN CASE No: CRL. A. No. 604 of 2022 PROCEEDING SHEET Sl. OFFICE No. DATE ORDER NOTE
03. 05.01.2023 CPK, J & BSS,J I.A. No. 1 of 2022 In Tr. to I/O. Crl. A. No. 604 of 2022
1) The Petitioners/Appellants Nos. 1 to 3, who are Accused Nos.1 to 3 filed the present application under Sections 389(1) Cr.P.C. seeking bail, pending disposal of the Criminal Appeal No. 604 of 2022.
2) Originally, these three accused were tried for the offences punishable under Sections 326 r/w. 34; 341 read with 34; 307 read with 34; 324 r/w. 34 I.P.C. and Sections 3(2)(v) and 3(2)(va) of the SCs and STs (POA) Act.
3) By its Judgment, dated 18.11.2022, the learned Sessions Judge, convicted the accused for the offences punishable under Section 307 read with 34 I.P.C. and Sections 3(2)(v) and 3(2)(va) of the SCs and STs (POA) Act, and also for the offence punishable under Section 324 2 r/w. 34 of I.P.C. However, the Petitioners/Accused Nos. 1 to 3 were found not guilty of the charges under Section 326 r/w. 34 and 341 r/w. 34 I.P.C. While convicting the accused for the above said offences, the following sentences are imposed:
a) Accused Nos. 1 to 3 to undergo rigorous imprisonment for a period of seven [07] years of and to pay a fine of Rs.10,000/-
each for the offence punishable under Section 307 r/w. 34 I.P.C.
b) Accused Nos. 1 to 3 to suffer rigorous imprisonment for a period of two [02] years for the offence punishable under Section 324 r/w. 34 I.P.C.
c) Accused Nos. 1 to 3 to undergo life imprisonment and to pay a fine of Rs.10,000/- each for the offence punishable under Section 3(2)(v) of SCs and STs (POA) Act. They were also sentenced to undergo rigorous imprisonment for a period of two [02] years for the offence punishable under 3 Section 3(2)(v)(a) of SCs and STs (POA) Act.
4) Sri. Siva Prasad Reddy Venati, learned Counsel appearing for the Petitioners/Accused Nos. 1 to 3 would submit that, having imposed a sentence of seven [07] years for the offence punishable under Section 307 r/w. 34 I.P.C., the Court could not have sentenced the Petitioners/Accused Nos. 1 to 3 for life for the same offence/incident and for same allegation under Section 3(2)(v) of SCs and STs (POA) Act. Hence, pleads that, it is a fit case where the intervention of the Court is very much essential for grant of bail.
5) The learned Additional Public Prosecutor opposed the same.
6) The facts, in issue, are as under:
i. The Accused belongs to forward Community, while PW1 belongs to Scheduled Caste. The Accused and PW1 had long acquaintance and are known to each other.4
ii. The incident in question took place on 03.02.2017 at 4.00 P.M. On that day, while PW1 was going to his fields on his bike and when he reached near the house of the accused, A2 caught hold of him, beat him with hands on the left side of the back of his neck, saying "is our cattle grazing your crop"? When PW1 caught hold of A2's hand trying to avoid the attack, A3 came there and demanded him to leave his brother. In the meanwhile, A1 came and hacked PW1 with an axe on the back of his head, as a result of which, he received bleeding injury. When A1 again tried to attack with an axe, PW1 held A2 as a shield, but A1 again hacked on his neck and then A1 and A2 beat his on his back. With a fear of threat to his life, PW1 left that place and while he was walking toward his house, PW2 and another shifted him to Government Hospital, Atmakur.5
iii. The findings given by the learned Sessions Judge in paragraph No.18 are as under:
"........ Therefore, A1 to A3, not being the members of a Scheduled Caste or a Scheduled Tribe, having committed the offence under Section 307 r/w 34 I.P.C. which is punishable with imprisonment for a term of ten years or more, against the member of a Schedule Caste, are liable for punishment under Section 3(2)(v) of the SCs & STs (POA) Act."
7) From the above findings, it is clear that the conviction is for an offence punishable under Section 307 r/w. 34 I.P.C. but, since, it was committed on a person belonging to 'Scheduled Caste and Scheduled Tribe', invoking Section 3(2)(v) of SCs & STs (POA) Act, sentenced the accused to imprisonment for life while awarding a sentence of seven [07] years for the offence punishable under Section 307 r/w. 34 I.P.C.
8) Having regard to the above, the argument of the learned Counsel for the Petitioners that, the Court ought not to have awarded 6 imprisonment for life, when already sentence of seven [07] years was awarded for the offence punishable under Section 307 r/.w 34 I.P.C., in our view, cannot be brushed aside and requires consideration at length.
9) Having regard to the above, the execution of sentence of imprisonment imposed against the Petitioners/Accused Nos. 1 to 3 in Sessions Case No.81 of 2017, dated 18.11.2022, on the file of the Special Judge for Trial of Offences under SCs & STs (POA) Act-cum- V Additional District and Sessions Judge, Nellore, is suspended, pending disposal of the appeal and the Petitioners/Accused Nos. 1 to 3 shall be enlarged on bail on their executing a personal bond for a sum of Rs.20,000/- [Rupees Twenty Thousand Only] with two sureties each for a like sum to the satisfaction of the Special Judge for Trial of Offences under SCs & STs (POA) Act-cum- V Additional District and Sessions Judge, Nellore. However, the Petitioners/Accused Nos.1 to 3 herein shall report before the concerned Police Station once 7 in a month i.e., last Saturday of every month between 10:00 A.M. and 5:00 P.M. till disposal of the appeal and they shall be present before the Court at the time of hearing of this appeal.
10) It is needless to mention that if the Petitioners fails to appear before the Court at the time of hearing the appeal or violated the conditions imposed supra, liberty is given to the learned Public Prosecutor to take steps accordingly.
Accordingly, the I.A. is ordered.
_______ CPK,J ______ BSS,J Sm...-