Boggavarapu Guravaiah vs Boggaravapu Chinna Shankaraiah on 23 January, 2025

Supreme Court – Daily Orders

Boggavarapu Guravaiah vs Boggaravapu Chinna Shankaraiah on 23 January, 2025

Bench: Sudhanshu Dhulia, Prashant Kumar Mishra

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                                        IN THE SUPREME COURT OF INDIA
                                       CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL APPEAL           NO(S).    147/2015

              BOGGAVARAPU GURAVAIAH                                                 APPELLANT(S)
                                                         VERSUS

             BOGGARAVAPU CHINNA SHANKARAIAH & ORS.                                   RESPONDENT(S)

                                                       O R D E R

1. The appellant before this Court is the complainant, who is

challenging the order of the High Court dated 06.02.2013 passed

in Criminal Revision, had filed FIR No.86/2003 for the offences

punishable under Sections 147, 148, 324, 307 read with 149 of the

Indian Penal Code, 1860 (for short “the IPC”) registered at

Mellacheruvu Police Station alleging that 9 accused persons armed

with sticks and axes approached the land, where he was

cultivating and attacked him in order to kill him, his wife, his

son and PW-4.

2. The charge-sheet was filed against these 9 accused persons

under Sections 147/148/307/324/325 r/w 149 of the IPC. The Trial

Court convicted all the accused persons for offences punishable

under Section 148/307 r/w 149 of the IPC and sentenced them to

one year of R.I. and five years of R.I. respectively.

Additionally, R1 and R2 were convicted under Section 325 of the

IPC and sentenced to two years of imprisonment. Lastly, R3 to R9

were convicted under Section 324 of the IPC and sentenced to one

year of imprisonment. The matter was taken up in appeal, where
Signature Not Verified

Digitally signed by
Nirmala Negi
Date: 2025.01.30

the sentence and conviction were upheld.

17:14:04 IST
Reason:

3. The accused finally approached the High Court in revision.

The High Court in its revisional power, came to the conclusion
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that only A-1 and A-2 (R1 and R2 herein) have been shown to be

holding an axe and the remaining have not been shown to be having

any arm with them. Moreover, the injuries which have been

inflicted on the injured person(s) were not commensurate with the

kind of weapon (i.e.sticks) which was in their possession i.e.A-3

to A-9 and hence, they have been acquitted. The conviction of A-1

and A-2 has been altered to that under Section 326 of the IPC

(and not under Section 307 r/w 149 of the IPC) and the sentence

has been reduced to the period already undergone and they are

directed to pay a fine of Rupees ten thousand each and in default

they shall undergo three months of simple imprisonment each.

4. The fact which has been now brought to this Court is that the

observations of the High Court that the accused persons who have

been convicted i.e. A1 & A2, have already undergone a substantial

sentence, was not correct. The learned counsel/senior counsel for

the respondents as well as the complainant has informed this

Court that both the said accused have undergone a sentence of 20

days only. This is not substantial sentence.

5. Considering the totality of the circumstances of the case and

the fact that the matter is being more than 20 years old, we are

of the opinion that a sentence of at least six months must be

undergone by these accused persons. We, therefore, convert the

sentence to what is undergone to that of six months. The default

stipulation for non-payment of fine would remains.

6. Accordingly, we direct that A1 and A2 shall surrender within a

period of two weeks from today and undergo the sentence of six

months from which the aforesaid 20 days or the period which they
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had already undergone, shall be deducted.

7. Subject to above, the present appeal is disposed of.

8. Pending application(s), if any, shall stand disposed of.

……………… J.

(SUDHANSHU DHULIA)

………………. J.

(PRASHANT KUMAR MISHRA)
New Delhi;

January 23, 2025.

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ITEM NO.102                 COURT NO.13                SECTION II

               S U P R E M E C O U R T O F       I N D I A
                       RECORD OF PROCEEDINGS

CRIMINAL APPEAL    NO(S).   147/2015

BOGGAVARAPU GURAVAIAH                                 APPELLANT(S)

                                   VERSUS

BOGGARAVAPU CHINNA SHANKARAIAH & ORS.                 RESPONDENT(S)

Date : 23-01-2025 This appeal was called on for hearing today.

CORAM :

HON’BLE MR. JUSTICE SUDHANSHU DHULIA
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA

For Appellant(s) Mr. Ravi Shankar Jandhyala, Sr. Adv.

Mr. Venkateswara Rao Anumolu, AOR
Mr. Sunny Kumar, Adv.

Mr. Prateek Raushan, Adv.

For Respondent(s) Ms. Prerna Singh, Adv.

Mr. Guntur Prabhakar, AOR
Mr. Keshav Singh, Adv.

Mr. D. Mahesh Babu, AOR

UPON hearing the counsel the Court made the following
O R D E R

The present appeal is disposed of in terms of the signed

order, which is placed on the file.

Pending application(s), if any, shall also stand disposed of.

(NIRMALA NEGI)                                     (RENU BALA GAMBHIR)
COURT MASTER (SH)                                ASSISTANT REGISTRAR