THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.A.No.1623 of 2010 JUDGMENT: This criminal appeal is filed by the appellant-State against the judgment of acquittal passed by the learned Additional Sessions Judge, Hindupur dated 15.09.2009 in Crl.A.No.70 of 2009 which was directed against the judgment dated 02.04.2009 in C.C.No.352 of 2005 on the file of the Judicial First Class Magistrate, Hindupur convicting the accused under Section 248 (2) Cr.P.C. and sentencing them to pay a fine of Rs.500/- each in default, to suffer Simple Imprisonment for one month each. The case of the prosecution, according to the charge sheet, is as follows: There are disputes between PW1 Kuruba Sankarappa and the accused in respect of property and civil cases were also pending. On 30.09.2005, an advocate commissioner, surveyor and village servant visited the site and measured it. On 01.10.2005, A1 to A6 measured the house site in the presence of their advocate for which Kuruba Yasodamma (complainant)-wife of PW1 and PW1 objected, then A1 to A6 formed into a group and caught hold of PW1 and beat him with hands and legs and caused injuries. A1 tried to hack PW1. On seeing this, complainant came to the rescue of her husband and when she tried to avert the attempt of A1, she received injuries. PW2 Harijana Nagabhushanappa and PW3 Kuruba Ramesh having witnessed the incident separated them from the hands of the accused. In this regard, complainant and PW1 went to the police and complainant gave a report to the police on the basis of which, the police registered a case against the accused under Sections 323, 324 and 324 read with Section 34 I.P.C. Learned Judicial Magistrate of I Class, Hindupur taken the case on file against A1 to A6 under Sections 323, 324 and 324 read with section 34 IPC and numbered the same as C.C. 352 of 2005. During the course of trial, the prosecution examined P.Ws.1 to 5 and exhibited Exs.P1 to P6. On behalf of the accused, no witnesses were examined and no documents were marked. Having considered the evidence adduced, the trial Court found A1 to A6 guilty for the offence under Section 323 I.P.C. and convicted them under Section 248(2) Cr.P.C. and sentenced to pay a fine of Rs.500/- each in default, to suffer Simple Imprisonment for a period of one month each. Aggrieved by the same, the accused filed Crl.A.No.70 of 2009 on the file of Additional Sessions Judge, Hindupur. The learned Sessions Judge, after reassessing the entire evidence, allowed the appeal and consequently, the judgment of sentence of fine recorded against the accused by the trial court in C.C.No. 352 of 2005 dated 02.04.2009 was set aside and the accused were acquitted for the offence under Section 323 I.P.C. Hence, this appeal by the State. Heard. PW1 is the victim. The alleged eyewitnesses are examined as PWs 2 and 3 but they did not support the case of the prosecution. PW4 is the Sub Inspector of Police and Investigating Officer. PW5 is the doctor who examined PW1 and issued Wound Certificate. As PWs 2 and 3 did not support the case of the prosecution, the entire case rests upon the evidence of PW1 who was beaten by the respondents herein. Apparently, there are civil disputes between PW1 and the respondents-accused. In those circumstances, this court cannot base conviction on the basis of solitary testimony of PW1. In fact, that was the reason why the appeal was allowed by the lower appellate court which in my considered view appears to be correct. Accordingly, I see no merits in the appeal and the same is dismissed. GOPALA KRISHNA TAMADA,J Dated: 07.12.2010 lvl THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.A.(Sr) No.21104 of 2010 Dt. 07.12.2010