THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.A.No.653 of 2009 JUDGMENT This criminal appeal is filed by the appellant/de facto complainant against the judgment of acquittal passed by the learned Additional Judicial First Class Magistrate, Kothapeta, in C.C.No.134 of 2008, dated 11.08.2008. 2. The case of the prosecution, in brief, is as follows: On 02.11.2002 at about 6.00 PM, A1 to A5, respondent Nos.1 to 5 herein, went to the house of P.Ws.1 and 2 and beat them with sticks and caused injuries. P.W.1 sustained contusion on his back, near armpit, left elbow and left arm. P.W.2 sustained injuries on left arm, left wrist, left leg, left thigh, left ankle and on his back. The accused also damaged the wooden door, telephone wire and threw away the tape recorder from the house. A3 gave slap on the sister of P.Ws.1 and 2 thrice and created panic among the family members. On the basis of the complaint lodged by P.W.1, a case in Cr.No.110 of 2002 of Alamuru Police Station was registered against the accused for the offences punishable under Section 324 read with Section 34 IPC. During the course of investigation, A1 to A3 were arrested on 06.11.2002 at about 9.00 AM and A4 and A5 were absconding. On receipt of the wound certificate, police filed the charge sheet. The case was taken on file as C.C.No.134 of 2008. 3. To bring home the guilt of the accused, the prosecution examined P.Ws.1 to 11 and got marked Exs.P1 to P6. Exs.D1 and D2 were also marked on behalf of the defence. 4. After trial, the learned Additional Judicial Magistrate of First Class came to the conclusion that the prosecution failed to prove the guilt of the accused and accordingly, acquitted the accused. Against the said acquittal, the State has not chosen to file appeal, whereas the appellant/de facto complainant filed the present appeal under Section 378 Cr.P.C. Therefore, this Court is of the view that this appeal itself is not maintainable as under the provisions of Section 378 Cr.P.C, the State has to file an appeal against the acquittal and the de facto complainant, at whose instance the case was registered, has to file a revision under Sections 397 and 401 Cr.P.C. 5. In these circumstances, the appeal is dismissed as not maintainable. _________________________ GOPALA KRISHNA TAMADA Date.22.11.2010. sj