APHC010590502010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] FRIDAY, THE 25th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 295/2010 Between: 1. KRISHNA NAIK, S/O.VENKATESH NAIK, R/O. RAMAGIRI, DEGUVA THANDA VILLAGE, PAMIDI MANDAL. ...PETITIONER AND 1. THE STATE OF A.P., REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD. 2. SUB-INSPECTOR OF POLICE, PAMIDI P.S., ANANTHAPUR DISTRICT. ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to allow the Criminal Revision Case by setting aside the judgment dt.16.09.2009 passed in S.C.No.374 of 2008 by the Court of the Assistant Sessions Court, Gooty, and confirmed by the Court of the Court of the Judge, Family Court-Cum- Addl. District and Sessions judge, Anantapur, in Crl.Appeal No.115 of 2009 dt.08.02.2010 IA NO: 1 OF 2010(CRLRCMP 419 OF 2010 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the sentence passed in S.C.No. 374 of 2008 by the Court of the Assistant Sessions Court, Gooty, dt.16.09.2009 and confirmed by the court of the court of the Judge , Family Court-Cum- Addl. District and Sessions judge, Anantapur, in Crl.Appeal No.115 of 2009 -2- CRL.R.C. No.295 OF 2010 dt.08.02.2010 and to enlarge the petitioner/accused on bail pending the above revision petition. Counsel for the Petitioner: 1. SURESH KUMAR POTTURI Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR -3- CRL.R.C. No.295 OF 2010 The Court made the following order: None appears on behalf of the petitioner. Matter is listed today for arguments as last chance. 2. Instant Criminal Revision Case is pending since 2010. 3. Considering long pendency, the Court has taken up the matter for hearing on merit. 4. Heard Sri Panini Somayaji, learned Assistant Public Prosecutor appearing on behalf of the State. Perused the material available on record. 5. Instant Criminal Revision Case has been preferred against judgment dated 08.02.2010 passed in Crl.A.No.115 of 2009 on the file of the learned Judge, Family Court-cum-Additional District and Sessions Judge, Anantapur confirming the judgment dated 16.09.2009 passed in S.C.No.374 of 2008 on the file of the Court of the Assistant Sessions Judge, Gooty. 6. Petitioner was arrayed as A1 in the sessions case for an offence punishable under Section 307 & 326 IPC. After recording prosecution witnesses and hearing, learned trial Court found petitioner to be guilty for offence punishable under Section 307 and 326 IPC thereby he was sentenced to undergo rigorous imprisonment for a period of five years for both the offences. Order of conviction went upto appeal and the same is dismissed confirming the order of conviction and sentence against the petitioner. Hence, this revision. -4- CRL.R.C. No.295 OF 2010 7. On thorough perusal of the observations of learned trial Court as well as learned appellate Court, it appears that during trial, prosecution has examined as many as nine witnesses including injured, eye-witnesses and Doctor. They also produced several documents marked as Exs.P1 to P13. Some material objects were also marked as M.Os.1 to 5 including blood stained pancha and shirt of injured (PW.1) and offending weapon/sickle (M.O.5). 8. Brief fact of the prosecution is that:- PW.2 is the wife of PW.1. When PW.2 went jungle to collect firewood at that time A2 caught hold PW.2 and outraged her modesty, same was intimated to PW.1 thereby PW.1 asked A2 for his conduct and went to take out A2 to the police station. At that time A1 came there with hunting sickle and attacked PW.1, when PW.1 intend to resist by his left hand, sickle fell on his left hand, thereby, left hand palm of PW.1 separated from his hand and it fell on ground. The other witnesses and villagers came there and witnessed the incident, PW.1 was shifted to the Hospital. On the basis of report, Police has started crime case under Section 307 and 326 IPC. During trial, PW.1 has corroborated the prosecution version. PWs.2, 3 and 4 are the eye-witnesses of the incident. PW.7 is Doctor, who treated and examined PW.1 on the same day. PW.7 also issued wound certificate, which is marked as Ex.P4, shows there are amputations in the left hand -5- CRL.R.C. No.295 OF 2010 palm of PW.1 and huge bleeding. It is the opinion of PW.7 that injury sustained by PW.1 is grievance in nature. 9. Considering the evidence on record, it appears that the order of conviction and sentence passed by the learned trial Court as well as the learned appellate Court suffers no illegality. It further appears in the judgment of learned appellate Court that after scanning the evidences, as there is no material, learned appellate Court dismissed the appeal. I have perused both the observations of the learned Courts below. They are concurrent findings. This Court in revisional jurisdiction enjoying a very limited scope to interfere with the current findings that too, which is based on the available material evidences and eye-witnesses. 10. Accordingly, the instant Criminal Revision Case is dismissed as devoid of merit. The order of suspension of sentence passed by this Court during pendency of the instant Criminal Revision Case is hereby revoked. The Petitioner is directed to appear before the learned Trial Court within six (06) weeks from the date of passing of this order to serve out the remaining portion of sentence, failing which, learned Trial Court shall issue Non- Bailable Warrant of arrest against the present petitioner to comply the order. Since the petitioner is not present before this Court, State shall intimate the order to petitioner. -6- CRL.R.C. No.295 OF 2010 Let a copy of this order be served upon the learned Trial Court for ready references. Miscellaneous petitions, if any, pending in this criminal revision case shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Date : 25.09.2026 SPP -7- CRL.R.C. No.295 OF 2010 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 295 of 2010 Dated 25.09.2026 SPP