THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.552 of 2011 BETWEEEN: Shaik Mahboob Bee … Appellant AND 1. Shaik Bikari & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.552 of 2011 JUDGMENT: The I Additional Sessions Judge, Ongole in Criminal Appeal No.138 of 2009, reversed judgment of the Assistant Sessions Judge, Markapur in S.C.No.306 of 2005 and found the accused not guilty of the offences punishable under Sections 354 and 324 I.P.C. and acquitted him. Admittedly, there were previous personal disputes between the parties. The offence is said to have taken place in Sajja crop field. Even though PW1 stated about there being disturbance of Sajja crop at the scene and breakage of her bangles at the scene, the Investigating Officer did not find any such disturbance at the field during investigation. In fact, the investigation started after a long delay. First Information Report (FIR) in this case was lodged after five days of the incident. According to PW1, she gave report to the Police after mediation failed between the parties. Neither the mediators are named, much less examined to prove the factum of mediation and to explain the delay of five days in giving report. The investigation started only thereafter. There was no possibility of preservation of the scene for all these days. The injury sustained by PW2 was simple and superficial and by the time the medical officer examined PW2, the injury was in healing process. No opinion as to the possible weapon with which the injury might have been caused, was stated by the medical officer. Therefore, it cannot be concluded that it was an injury caused with a knife as stated by PW2. PW3 ruled out the presence of the accused at the scene and also PW2 sustaining injury at the scene. Such simple and superficial injuries are possible when the persons were working in agricultural fields. In these circumstances, the lower appellate Court is justified in finding the accused not guilty of the charges. 2. Hence, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 08.06.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL APPEAL No.552 of 2011 DATED: 08.06.2011 ysk