THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.A.No.1484 of 2010 JUDGMENT This criminal appeal is filed by the appellant-State against the judgment of acquittal passed by the learned II Additional Judicial First Class Magistrate, Tanuku, in C.C.No.224 of 2001, dated 13.09.2006. 2. The case of the prosecution, in brief, is as follows: There were previous disputes between the accused and P.W.1-de facto complainant and case and counter cases were pending against them. On 08.09.2001 at about 10.00 AM, while P.W.1 was going on the road by pushing his fruit cart and when he reached near RTC bus-stand , Penugonda, A3 suddenly came to the fruit cart, picked up a quarrel with him, beat him with hands and threatened him with dire consequences. On the same day, at about 2.30 PM, when P.W.1 alone was going on Nidadavole- Narasapuram road, all the accused attacked him with sickles and sticks and caused him bleeding injuries. On the basis of the complaint given by P.W.1, a case in Crime No.75 of 2000 was registered against the accused for the offences punishable under Sections 307, 506(2) read with section 34 IPC. After investigation, P.W.6-Sub-Inspector of Police, laid charge sheet against the accused for the said offences. 3. To bring home the guilt of the accused, the prosecution examined P.Ws.1 to 6 and got marked Exs.P1 to P6. 4. Learned Magistrate having considered the oral and documentary evidence, found the respondents/accused not guilty of the offences under Sections 324, 506(2) read with section 34 IPC and accordingly, acquitted them. Hence, this appeal by the State. 5. Heard. 6. P.W.1 is the injured. According to him, on 08.09.2001, he went to the Police Station and gave a report to P.W.6. Though P.W.1 was referred to the Government Hospital on the same day, but, for obvious reasons, no crime has been registered against the accused. Subsequently, when P.W.1 filed a private complaint against the accused, the same was referred to the police. Thereafter, a case in Crime No.75 of 2000 was registered against the accused for the offences punishable under Sections 324, 506(2) read with Section 34 IPC and after investigation, the charge sheet was filed. There is no explanation from P.W.6-Investigating Officer for non-registering the crime at the earliest point of time i.e., on 08.09.2001. Taking this circumstance into consideration, the Trial Court extended the benefit of doubt to the respondents/accused. Further, as the alleged offence took place in the year 2001, this Court is of the view that this appeal cannot be entertained at this length of time. 7. Accordingly, the Criminal Appeal is dismissed, at the stage of admission. _________________________ GOPALA KRISHNA TAMADA Date.30.11.2010. sj