THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1022 of 2008 18-12-2014 BETWEEN:
The State of A.P., rep. by Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh …..Appellant AND Gaddam Gopal Reddy And others.
…..Respondents/accused THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1022 of 2008 JUDGMENT:
This Criminal Appeal is preferred by the State challenging the Judgment dated 18.12.2006 passed in S.C.No.383 of 2004 by the Court of the Assistant Sessions Judge, at Sangareddy, whereby the learned Judge acquitted A.1 to A.5, A.9 and A.11 to A.14 for the offences under Sections 148, 448, 324 IPC read with Section 149 IPC and 307 IPC read with Section 149 IPC.
The case of the prosecution is as follows:
That on 07.03.2001 at about 7.30 p.m., when P.W.1 along with his wife, P.W.2 and his daughter, P.W.3, was having dinner at his house, all the accused along with others assembled unlawfully armed with axes and knife, criminally trespassed into the house of P.W.1 and beat him, his wife and his daughter and tried to kill P.W.1, due to old enmity. Basing on the statement of P.W.1, a case was registered against the accused for the offences under Sections 147, 148, 448, 324 and 307 IPC read with Section 149 IPC. After completion of the investigation, charge sheet was filed.
To prove the case of the prosecution, P.Ws.1 to 12 were examined and Exs.P.1 to P.13 and M.Os.1 to 5 were marked. No oral evidence was adduced on behalf of the accused, but marked Exs.D.1 to D.6.
On appreciation of oral and documentary evidence, the trial Court acquitted the accused mainly on the following grounds:
The village, where the respondents/accused and the complainant resides, is a faction ridden village and that the respondents/accused and the complainant are in enemical terms with each other. Further, it is evident from the evidence that the witnesses are also involved in a number of criminal cases. P.W.1 has admitted in his evidence that he has been moving around the Court for the last fifteen years because of the criminal cases booked against him. The learned trial Judge also relied on the evidence of P.W.10, the Doctor, who deposed that the injuries found on P.Ws.1 to 3 can also be possible due to road accident. Further, the learned trial Judge is of the view that there is every possibility of implicating the accused in a false case in view of the rivalry between the complainant and the accused/respondents.
Heard and perused the material available on record.
On perusing the evidence available on record and the Judgment of the Court below, this Court is of the view that the trial Court has rightly observed that prosecution has failed to prove the case against the respondents herein. The Judgment of the trial Court is in accordance with law and it does not suffer from any perverse findings and the acquittal recorded by the trial Court needs no interference by this Court.
The Criminal Appeal is accordingly dismissed. Miscellaneous applications, if any pending in this appeal, shall stand dismissed.
JUSTICE RAJA ELANGO 18.12.2014 pln