THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1604 OF 2003 ORDER: 1 On the basis of a report given by the petitioner herein the Sub Inspector of Police Gudur I Town Police Station registered a case in Cr.No.11 of 1996 against the respondents 1 to 3 herein for the offences punishable under sections 427 and 448 of IPC and after investigation the charge sheet was filed and the same was taken on file as C.C.No.339 of 1996. During the course of trial, the prosecution examined seven witnesses as P.W.1 to 7 including the petitioner and got exhibited Exs.P.1 to P.15. The learned Magistrate while holding that the respondents are guilty of the offences for which they were tried accordingly convicted and sentenced them to pay a fine of Rs.1,000/- each for the offence punishable under section 427 of IPC, and in default to suffer simple imprisonment for a period of three months and further sentenced them to pay a fine of Rs.1,000/- each for the offence punishable under section 448 of IPC in default to suffer simple imprisonment for a period of three months and further directed that out of the total fine amount of Rs.6,000/- an amount of Rs.5,000/- shall be given to PW.2 towards compensation as contemplated under section 357 of Cr.P.C. Assailing the said judgment dated 19.10.2001 passed by the trial court, the respondents preferred Criminal Appeal No.229 of 2001 and the learned Sessions Judge at Nellore by his judgment dated 26.07.2003 reversed the said judgment passed by the trial court and acquitted the respondents from the alleged offences. As the State has not chosen to file any appeal against the said acquittal, the petitioner who was examined as P.W.1 before the trial court questioned the same by filing this revision. 2 The facts in brief are that on 31.03.1996 at 6.45 p.m trespassed into the house premises of L.W.2 while she was present in the house and caused damage to the northern side compound all in a length of 45 feet and went away. In that connection P.W.1 gave a report to the police and the Sub Inspector of Police, Gudur I Town P.S. having investigated into the said case and filed the charge sheet against the respondents for the alleged offences. 3 Heard. 4 Having considered the submissions made by the learned counsel for the petitioner this court is of the view that the appellate court having re-appreciated the entire evidence has come to the conclusion that the respondents herein are not guilty. The said conclusion in my considered view is perfectly justified. Admittedly there are civil disputes pending between the parties. Further, this is a revision filed under sections 397 and 401 of Cr.P.C. under which the jurisdiction of this court is very limited and even if this court finds any material irregularity in the judgment impugned in this revision, it can at best remand the matter to the court below for fresh disposal but it cannot give an altogether different finding. The appellate court had given a detailed reasoning for its coming to the conclusion that the respondents are not guilty of the alleged offences, which in my considered view does not call for any interference and this court also finds no material irregularity in the said judgment passed by the appellate court. Hence I see no merits in this revision and accordingly the same is dismissed. -------------- 26.08.2010 Kvsn