Decided on February 17,1955

Bodasingi Ramulu And Sixteen Others Appellant
State Of Andhra Respondents

Referred Judgements :-



CHANDRA REDDY,J. - (1.)This revision petition is filed by seventeen of the accused in C.C. Nos. 1615 and 1616 of 1953 on the file of S.S.M. Vizianagaram. They have all been convicted by the S.S.M. for offences under section 147, Indian Penal Code, in addition some of them under section 323, Indian Penal Code, and sentenced to pay a fine of Rs. 50 under each count. This was confirmed on appeal by the District Magistrate, Visakhapatnam.
(2.)Originally, 30 persons were put up for trial before the S.S.M. in connection with an incident that took place on the 29th of June, 1953, in a village called Kamarajupet. There was dispute relating to flow of water from a channel called seven-shares channel to the lands in Kamarajupeta and Pidiseela, the former being on a higher level, between some of the accused on the one hand and P.W. 1 on the other. P.W. 1 owns a holding called Amin polam within the limits of Kamarajupeta irrigated by the water of channel. There is cement construction near that field for diverting water into it. It is not necessary for me to describe this construction or the purpose that is served by it. The water in the seven-shares channel is enjoyed in specific shares by the sharers including P.W. 1 and some of the accused for a specific number of days.
(3.)It is the prosecution case that on 29th June, 1953, when P.Ws. 2 and 3 were ploughing a seed-bed the accused went there in a body armed with crow-bars, and 3 intervened they were beaten by some of the accused. P.W. 1 who is the owner of the land was also attacked by the accused while he was going to his garden some time after this incident. All the accused were charged for rioting under section 147, Indian Penal Code. A-6 was separately charged for causing grievous hurt to P.W. 3 under section 325, Indian Penal Code and the rest of the accused under section 323 for causing hurt to P.Ws. 2 and 3. Thirteen of them were discharged on the ground that there was no direct act attributed to them. The remaining 17 were all convicted under section 147 and sentenced to pay a fine of Rs. 50. Besides A-1, A-2, A-7 and A-14 were convicted under section 323 for causing hurt to P.W. 1 and sentenced to a fine of Rs. 100 each, while A-6, A-12, A-13, A-15, A-23 and A-25 were convicted under section 323, Indian Penal Code and sentenced to pay a fine of Rs. 50 each for causing hurt to P.Ws. 2 and 3. This was confirmed in appeal.

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