THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.583 of 2006 15-07-2014 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 Kattamanchi Markonda And others …..Respondents/Accused THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.583 of 2006 JUDGMENT:
The Criminal Appeal is preferred by the State challenging the Judgment, dated 28.06.2005, in Sessions Case No.453 of 2003 passed by the Principal Assistant Sessions Judge, Chittoor, whereby the learned Judge acquitted the appellants/A.1 and A.3 for the offence under Section 307 IPC.
The case of the prosecution is as follows:-
That on the date of occurrence the accused herein with an intention to cause death of P.W.1 assaulted him with knifes and sticks. To substantiate the said fact, P.Ws.1 to 7 were examined and Exs.P.1 to P.7, and M.Os.1 and 2 were marked on behalf of the prosecution. DW.1 was examined on behalf of the accused.
On appreciation of oral and documentary evidence, the Court below acquitted the accused for the offence under Section 307 IPC. Aggrieved by the same, the present appeal is preferred by the State.
Heard and perused the material available on record.
The learned Judge after appreciating the evidence is of the view that the evidence of P.W.1, does not inspire the confidence of the Court since the same is suffered with lot of discrepancies and is self-contradictory and also contradictory with the evidence of other witnesses. Further, there is a discrepancy insofar as the date of occurrence is concerned. The date of occurrence differs from the evidence of P.W.1 and the charge sheet filed by the investigation agency. Further, in the rough sketch of scene of offence, Ex.P7, there is no marking as to where the alleged incident took place.
According to P.W.1, the incident was occurred before the house of Chinnaswamy, whereas P.W.5, who observed the scene of offence and in whose presence the police seized M.O.1 knife and M.O.2 sticks, could not specifically stated in his chief-examination where the scene of offence is situated. The motive attributed against accused is with regard to the path way dispute between P.W.2 and A.3. It is also observed by the learned trial Judge that one day prior to the alleged offence, P.W.1 tried to outrage the modesty of the sister of A.1 and A.2 and as such, there is every possibility of implicating the accused in a false case. Even though a suggestion is made to P.W.1 with regard to the said incident, there is no specific denial from him. Hence the trial Court is of the view that the prosecution has failed to prove the case against the accused beyond reasonable doubt and as such acquitted the accused.
Considering the findings recorded by the trial Court and the evidence adduced on record, this Court is of the view that the trial Court has rightly acquitted the accused for the offence under Section 307 IPC. 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 15.07.2014 pln