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High Court of Andhra Pradesh · body

2025 DAILYLAW 28184 (AP)

Padavala Venkateswara Rao v. THE STATE OF ANDHRA PRADESH

CRLA/526/2025 · 2025-08-04

B V L N Chakravarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF ANDHRA PRADESH MAIN CASE CRL.A.No.526 OF 2025 PROCEEDING SHEET Sl. No DATE ORDER OFFICE NOTE 01. 05.08.2025 BVLNC, J Heard Sri B.Vamsi Krishna, learned counsel for the petitioner. The appeal is preferred challenging the judgment dated 23.07.2025 in S.C.No.59/2018 on the file of Assistant Sessions Judge, Repalle. The learned trial Court found the appellant guilty for the offence U/secs.307, 324, 506 & 509 IPC. The trial Court sentenced the appellant to undergo simple imprisonment for a period of four (04) years and to pay a fine of Rs.10,000/- (Rupees Ten Thousand only) for the offence U/s.307 IPC and in default of payment of fine, he has to undergo simple imprisonment for a period of two months. The trial Court sentenced the appellant to undergo simple imprisonment for a period of one (01) year and to pay a fine of Rs.5,000/- (Rupees Five Thousand only) for the offence Contd., :: 2 :: U/s.324 IPC and in default of payment of fine, he has to undergo simple imprisonment for a period of one month. The trial Court sentenced the appellant to undergo simple imprisonment for a period of one (01) year and to pay a fine of Rs.5,000/- (Rupees Five Thousand only) for the offence U/s.506 IPC and in default of payment of fine, he has to undergo simple imprisonment for a period of one month. The trial Court sentenced the appellant to undergo simple imprisonment for a period of six (06) months and to pay a fine of Rs.5,000/- (Rupees Five Thousand only) for the offence U/s.509 IPC and in default of payment of fine, he has to undergo simple imprisonment for a period of one month. The trial Court further held that all the sentences shall run concurrently. Section 374(2) Cr.P.C. corresponding to section 415(2) BNSS, 2023 is as under: Section 374 Appeals from Convictions: (2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial; may appeal to the High Court. Contd., :: 3 :: In the case on hand, the trial was held by the Assistant Sessions Judge, but not by a Sessions Judge or Additional Sessions Judge. Hence, it would come under “on a trial held by any other Court”. The sentence of imprisonment imposed in the case is less than seven (07) years. Therefore, appeal shall lies to the Court of Session. In that view of the matter, Registry is directed to return the original bundle of appeal to the appellant forthwith to prefer appeal before the concerned Court of Session, in accordance with law. _________ BVLNC, J psk Note: Issue C.C. today B/o. psk.