IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1112 OF 2018 Revision filed under Section 397 & 401 of CrPC, aggrieved by the judgment dated 05-01-2016 passed in CrI.A.No. 190 of 2012 by the IV Additional District and Sessions judge, Nellore in partly setting aside the Judgment dated 28-08-2012 passed in SC.No. 252 of 2011 by the II Additional Assistant Sessions Judge (Fast Track Court) Nellore, SPSR Nellore District. Between: Ongole Chaithanya, Aged about 39 years, Occ;Teacher, ZP High School, R/o Venkatachalam Village, SPSR Nellore District ...PETITIONER/ PETITIONER / ACCUSED-1 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court at Amaravati. ...RESPONDENT Counsel for the Petitioner : SRI A.SREEDHAR Counsel for the Respondent: Ms P. AKHILA NAIDU, ASSISTANT PUBLIC PROSECUTOR (AP) The Court made the following: % APHC010308772018 IN Till” HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AMD TWENTY FIVE PRESENT THE IHIIOMOUIRABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1112/2018 Betvween: ...PETITIONER Ongole Chaithanya AND ...RESPONDENT The State of Andhra Pradesh Counsel for the Petitioner: A. Sreedhar Counsel for the Respondent: Public Prosecutor (A.P) The Court made the following: ORDER: The nominal rolls received from the Superintendent of Central Prison, Nellore District, state that the petitioner/AI, Ongole Chaithanya, has undergone imprisonment for a period of three years. The learned Trial Court imposed a sentence of five years' imprisonment on the petitioner. However, the learned Appellate Court, while setting aside the conviction under £>ections 307 and 326 of the Indian Penal Code, 1860 (for short ‘the I.P.C’) convictQd the petitioner under Sections 324 and 342 of 2. m 2 Dr.YLR, I Crl.R.C.No.l;ll2 of 2018 Dated 06.05.2025 'the I.P.C.; and imposed a sentence of three years' imprisonment. In view of the fact that the petitioner has already undergone the Appellate Court, this revision case has become infructuous. the sentence imposed by 3. On the other hand, the learned counsel for the petitionejr argued that the petitioner is working as a teacher, and that the conviction for the offence under Section 324 of ‘the I.P.C.,' imposed by the learned Appellate Court i unsustainable, as the prosecution failed to IS prove the guilt of the petitioner beyond reasonable doubt. He therefore urged the Court to allow the revision case. 4. Per contra, Ms. P. Akila Naidu, the learned Assistant Public submits that the learned Appellate Court rightly appreciated found the petitioner guilty under Section 324 of ‘the Prosecutor, the evidence and I.P.C’. She contends that there are no merits to interfere with the judgment of the Appellate Court and urged the Court to dismiss the revision case. 5. On perusal of the judgment of the learned Appellate Court, it is evident that the Court has rightly appreciated the evidence of the prosecution witnesses from the correct perspective and found the petitioner guilty under Section 324 of ‘the I.P.C’. In a revision case, this Court cainnot reappreciate the evidence as if sitting like a second Appellate Court. Therefore, the conviction under Section 324 of ‘the I.P.C.,’ is liable to be maintained. V 3 Dr.YLR, J Crl.R.C.No.lll2of2018 Dated 06.05.2025 In the result, the Criminal Revision Case is disposed of as infructuous. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand 6. closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The IV Additional District and Sessions judge, Nellore, SPSR Nellore District. (With Records) 2. The II Additional Assistant Sessions Judge (Fast Track Court) Nellore, SPSR Nellore District. (With Records) 3. The Superintendent, District Jail, Nellore 4. One CC to Sri A. Sreedhar, Advocate [OPUC] 5. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi [OUT] 6. The Section Officer, Criminal Section, High Court of A.P. 7. Three CD Copies MV Cnr C-'- HIGH COURT MV DATED: 06/05/2025 ORDER CRLRC.No.1112of 2018 DISPOSING OF THE CRLRC AS INFRUCTUOUS