THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1905 of 2011 ORDER: This Criminal Revision Case is preferred challenging the judgment dated 31.01.2011 passed by VII Additional Sessions Judge (FTC), Guntur, in Criminal Appeal No.396 of 2010, whereby the judgment dated 20.07.2010 passed in SC.No.125 of 2007 on the file of Principal Assistant Sessions Judge, Guntur, was confirmed. Learned counsel for the petitioners submitted that the petitioners, who are the complainant and the injured respectively, preferred the present complaint against A-1 & A-2/respondents 1 & 2 herein and the same was registered as a case in Crime No.39 of 2006 for the offence punishable under Section 324 read with Section 34 of IPC. Subsequently, the Investigating Officer filed a memo to alter section of law from 324 to 307 IPC on the strength of statement of the injured and the case was taken on file against the accused for the offences punishable under Sections 307 and 326 read with Section 34 of IPC. The trial Court, after due trial, convicted the accused for the offence punishable under Section 326 IPC only. Aggrieved thereby, the petitioners preferred Criminal Appeal No.396 of 2010 on the file of VII Additional Sessions Judge (FTC), Guntur, and the same was dismissed as if the appeal was preferred by the accused. The learned Sessions Judge proceeded with the appeal on a wrong impression that the appeal was preferred by the accused and, having discussed the evidence, confirmed judgment dated 20.07.2010 passed by the Principal Assistant Sessions Judge, Guntur, in SC.No.125 of 2007. In the judgment passed by the appellate Court, at paragraph 9, the learned Sessions Judge observed that the “appellants therefore pray to convict R1 and R2 (Accused) for the offence punishable under Section 307 read with Section 34 IPC”, but he has discussed the entire case as if the appeal was filed by the accused. Hence, prayed this Court to set aside the impugned judgment. After hearing the learned counsel for the petitioners and considering the impugned judgment and other material available on record, this Court is of the view that the matter needs to be remanded to the appellate Court for fresh consideration. Accordingly, this Criminal Revision Case is allowed setting aside the judgment dated 31.01.2011 passed by the VII Additional Sessions Judge, Guntur, in Criminal Appeal No.396 of 2010, and remanding the matter to the learned VII Additional Sessions Judge (FTC), Guntur, to consider the appeal afresh taking into consideration all the averments raised in the appeal and also the aspect that the appeal is filed by the petitioners herein, who are the complainant and the injured in the case. ____________________ JUSTICE RAJA ELANGO 14.09.2011 v v