IN THE HIGH COURT OF JUDICATATURE ANDHRA PRADESH AT HYDERABAD WEDNESDAY THE TWENTYFOURTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No. 1 4 0 OF 2004 Between: The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad. … Appellant-Complainant V/s. Yedurla Jogi Reddy & 3-Ors. … Respondents-Accused Counsel for the Appellant : Addl.Public Prosecutor Counsel for the Respondents : Sri SR Sanku for R-1 to R-3 The Court made the following judgment : (Judgment follows 2nd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No. 101 OF 2004 JUDGMENT : This Criminal Appeal is directed by the State against the judgment dated 28-2-2003 passed in SC.No. 495 of 2001 by the Assistant Sessions Judge, Nalgonda, whereby and whereunder A-1 to A-4 were found not guilty for the offence punishable under section 307 IPC and they were acquitted under section 235 (1) of Cr.P.C. 2. The case of the prosecution is as follows: The Sub-Inspector of Police, Chandampet laid charge sheet against A-1 to A-4 in Cr.No. 29/2001 for the offence punishable under section 307 IPC. On 15-7-2001 at about 09:30 a.m., one Gade Krishna Reddy lodged a complaint stating that while he was going to exercise his franchise in the elections of ZPTC and MPTC at his village, on the way, A-1, A-2, A-3 and A-4 attacked him. They beat him on the right shoulder, left hand and on the head and caused injuries with an intention to kill him. The son of Gade Krishna Reddy, Gade Surender Reddy, Emireddy Laxmamma, Amanaganti Sreedevi rescued him. In that process, they have also received injuries. Gade Krishna Reddy filed application to take action against the above accused. On the basis of complaint the above crime was registered and took up investigation. The Sub-Inspector of Police examined Gade Krishna Reddy and the above witnesses and sent the injured to Community Hospital, Devarkonda for treatment and for issuance of wound certificate. On 20-8-2001 at about 11:30 a.m. A-1 to A-4 were arrested at the house of A-1. On interrogation, A-1 to A-4 confessed to have committed the offence. The iron rods and two sticks were recovered from the possession of A-1 to A-4 in the presence of mediators; namely, Lokasani Venkat Reddy, Islavath Gorya. The accused were arrested, brought to police station, arrest memos were issued at about 2:00 p.m., and thereafter sent them to court for judicial custody. The doctor who treated the defacto complainant issued wound certificate and opined that he sustained one grievous injury and other simple injuries. Thus, the investigation established that A-1 to A-4 have committed the offence punishable under section 307 of IPC. 3. On appearance of A-1 to A-4, the learned Judicial Magistrate of First Class, Devarakonda, Nalgonda district complied the formalities as contemplated under section 207 Cr.P.C. The learned Magistrate has taken the case on file and assigned PRC.No. 59 of 2001. As the offence committed by A-1 to A-4 is exclusively triable by the Court of Session, the learned Magistrate committed PRC.No.59 of 2001 to the Court of Session under section 209 (a) Cr.P.C. and notified the fact of committal to the learned Public Prosecutor. 4. On receipt of records in PRC.No. 59 of 2001 from the file of the Court of Judicial Magistrate of First Class, Devarakonda, the learned Sessions Judge, Nalgonda made over the same to the Court of Assistant Sessions Judge, Nalgonda for disposal according to law. 5. The Assistant Sessions Judge, Nalgonda has taken the case on file and assigned SC.No. 495 of 2001. On appearance of A- 1 to A-4, the learned Assistant Sessions Judge after hearing A-1 to A- 4 on the point of charge, examined them alleging the substance of accusation. A-1 to A-4 denied the same. Charge under section 307 of IPC was framed, read over and explained to them in Telugu. A-1 to A-4 pleaded not guilty and claimed to be tried. 6. To substance its case, the prosecution examined PWs 1 to 8 and marked Exs.P1 to P4 and MOs 1 to 4. On behalf of A-1 to A-4, no oral evidence was adduced but marked Ex.D1 on their behalf. 7. After closure of the prosecution evidence, A-1 to A-4 were examined under section 313 Cr.P.C., for the incriminating circumstances appearing against them. A-1 to A-4 pleaded not guilty and did not lead any defence evidence. Thereafter, the arguments were heard. 8. On appreciation of the oral and documentary evidence placed on record, the learned Assistant Sessions Judge, Nalgonda found A-1 to A-4 not guilty for the offence punishable under section 307 IPC and they were acquitted under section 235 (1) of Cr.P.C. Aggrieved thereby, the State preferred the present criminal appeal. 9. Heard the learned Additional Public Prosecutor representing the State as well as Sri S.R. Sanku, the learned counsel representing the respondents-accused. Perused the oral and documentary evidence and the judgment impugned in this criminal appeal. 10. This Court is of the view that there is no need to go into the entire case of the prosecution and the evidence adduced in support of the prosecution. On the simple ground, the learned Assistant Sessions Judge, Nalgonda acquitted A-1 to A-4. The said ground is as follows: the occurrence took place on 15-7-2001 at about 9:30 a.m. According to the injured person, the complaint was lodged on the same day by morning at 09:45 a.m. they were also accompanied by constable to the doctor for treatment and examination. But on perusal of the record and the evidence adduced by the prosecution, it is seen that the injured approached the police by 09:30 a.m. whereas Ex.P-1 FIR registered by PW-7, it is stated that occurrence took place at 09:00 a.m. complaint registered on 15- 07-2001 by 09:45 p.m. Further it is the evidence of PW7 and also the injured that he was accompanied by police constable. Whereas Ex.P4 certificate issued by the doctor, which clearly states that the injured person reached hospital on their own accord. The said discrepancy occurred due to inadvertence, according to the prosecution. But this court perused the said document. It is clearly and categorically stated in the FIR as well as in Ex.P4 that the case was registered at 09:45 p.m. i.e., after lapse of 12 hours and further it is the case of the prosecution that the case registered and complaint received by morning 09:30 a.m. If the case of the prosecution is accepted that the complaint received by Investigating Officer by 09:30 a.m., the registration of the FIR by 09:45 p.m. clearly shows that there is possibility of substituting the complaint lodged by the injured person. In such a situation, there is possibility as stated by the respondents-accused for replacing the original complaint and implication of some more accused those who are not involved in the above crime cannot be ruled out. 11. Hence, the learned trial Judge after taking into consideration the entire evidence, acquitted A-1 to A-4. When there is possibility of two views; and one view, which is in favour of the accused and also if there is any reasonable doubt regarding the case of the prosecution, the trial Judge is entitled to acquit the accused. A perusal of the documents and the judgment placed before this Court clearly indicates that the judgment of the trial court is not suffered with any perversity or infirmity. Thus, there is no need to interfere with the order of acquittal recorded by the learned Assistant Sessions Judge, Nalgonda, whereby and whereunder A-1 to A-4 were found not guilty for the offence punishable under section 307 of IPC. 12. In the result, the Criminal Appeal fails and the same is accordingly dismissed. ______________________ JUSTICE RAJA ELANGO. 24-11-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No. 140 OF 2004 Circulation No. 138 Date:24-11-2010 Computer No. 43 Court Master : I s L