GANGABHAVANI Vs. RAYAPATI VENKAT REDDY

JUDGEMENT

(1.) Both these appeals have been preferred against the impugned judgment and order of the High Court of Andhra Pradesh at Hyderabad dated 13.2.2007 passed in Criminal Appeal No. 41 of 2005, reversing the judgment and order dated 22.12.2004 passed by the Additional Sessions Judge, Kadapa at Proddatur in Sessions Case No. 374 of 2000, by which and whereunder the respondents were found guilty and convicted under Section 148 of Indian Penal Code, 1860 (hereinafter referred as 'the IPC') and awarded a sentence of 2 years each. A1 and A2 had been convicted for the offence punishable under Section 302 IPC and they were awarded life imprisonment with a fine of Rs.500/- and in default, to undergo further simple imprisonment for one month. They were also convicted under the provisions of Section 3 of the Explosive Substances Act, 1908 (hereinafter referred to as the 'Act 1908') and had been awarded the sentence of 3 years with a fine of Rs.500/- and Rs.200/- respectively and, in default, to further undergo simple imprisonment for one month and 15 days respectively. They had further been convicted under Section 5 of the Act 1908, and were awarded the punishment of three years with a fine of Rs.500/- each, in default to suffer simple imprisonment for one month. A3 to A6 had been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.500/- each under Section 302 read with Section 149 IPC and, in default of payment of fine, to undergo a further period of simple imprisonment of one month each. However, A3 was acquitted for the offence under Section 6 of the Act 1908. A4 and A5 were further convicted under Sections 3 and 5 of the Act 1908 and awarded the punishment of 3 years on each count with a fine of Rs.500/- and, in default, to undergo a further period of imprisonment for one month.

(2.) Facts and circumstances giving rise to these appeals are that:

(3.) Shri Sidharth Luthra, learned ASG appearing on behalf of the State of Andhra Pradesh and Shri Huzefa Ahmadi, learned senior counsel appearing on behalf of the appellant/complainant, have submitted that the High Court acquitted the said respondents without any justification. The High Court mainly found material contradictions in the evidence of PW.1 to PW.3 and doubted their presence at the place of occurrence; considered the delay in lodging the FIR fatal; found contradictions in medical evidence and ocular evidence; doubted the witnessing of the occurrence as there could be no visibility because of the smoke created by the bombs at the time of explosion; PW.1 did not mention that A6 used a sickle in the FIR; and that only interested witnesses had been examined. It was contended that the High Court erroneously did the same even though, the contradictions in the medical and ocular evidence were insignificant and the contradictions in the statements of PWs 1 to 3 were minor in nature. The findings of fact recorded by the High Court are perverse being based on no evidence. Thus, the appeals deserve to be allowed and the judgment of the trial court deserves to be restored.