HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2295 of 2004 JUDGMENT: Questioning acquittal of the respondent/accused of the offence under Section 411 IPC by the lower Court, the State filed this appeal. There was theft in PW.1’s house when he went out of station after locking his house. After coming to know about the same, PW.1 gave Ex.P.1 report to the police who issued Ex.P.4 FIR on that basis. It is alleged that the police arrested the accused on 30.03.2003 at four roads junction in Nandalur and seized MOs.6 to 9 from his possession under the cover of Ex.P.2 mahazarnama in the presence of mediators including PW.2 and that the accused led the police party and mediators to a river and produced a gunny bag containing MOs.1 to 5 and 10 from out of cheeky bushes and that the same were seized under the cover of Ex.P.3 mediators report. Out of the two mediators in Exs.P.2 and P.3, the prosecution examined only one mediator as PW.2. The police were from Central Crime Station, Kadapa and they brought PW.2 along with them from Kadapa. They did not pick up any mediators from the place of arrest of the accused at Nandalur. The lower Court commented that there was no necessity to bring mediator from Kadapa and the police could pick up two independent mediators from Nandalur in which place they are said to have arrested the accused in four road junction. Further PW.2 in cross- examination admitted that he figured as mediator in a number of cases relating to Central Crime Station, Kadapa. He also says that in some of those cases he supported the prosecution and in some of the cases, he did not support the prosecution. Therefore, the lower Court rightly did not place reliance on evidence of PW.2 who is a stock mediator for Central Crime Station, Kadapa and ultimately recorded acquittal of the accused. The said finding of the lower Court is neither perverse nor unjust. There are no grounds to interfere with the said finding of the lower Court in this appeal. Hence, the Criminal Appeal is dismissed. _______________________ SAMUDRALA GOVINDARAJULU,J Dt.28th December, 2011 PNV