THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.157 OF 2002 ORDER: 1 The Inspector of Police, Ponnur town P.S. registered a case in Cr.No.227 of 1991 on the basis of a written complaint given by P.W.5 i.e. mother of the deceased for the alleged offences punishable under sections 449, 302 and 380 of IPC. After investigation a charge sheet was filed and the same was taken on file as PRC No.4 of 1992 by the learned Munsif Magistrate, Ponnur and after committal the same was numbered as S.C.No.73 of 1993. The learned III Additional Sessions Judge, Guntur recorded the evidence of P.Ws.1 to 16 and marked ExsP.1 to P.26 and M.Os.1 to 14 on behalf of the prosecution. Having considered the said evidence, the learned Additional Sessions Judge by his judgment dated 26.09.1994 while holding that the accused therein is not guilty of the offence punishable under section 302 of IPC and acquitted him of the said charge, however, found him guilty of the offence punishable under section 380 of IPC and accordingly sentenced him to undergo rigorous imprisonment for a period of three years. As the State has not filed any appeal against the said judgment the de facto complainant who is the daughter of the deceased and who was examined as P.W.5 in the trial court filed this revision seeking to set aside the order of acquittal of the accused for the offence punishable under section 302 of IPC and convict the accused for the said offence. 2 Brief facts are that the deceased Annapoornama aged about 74 years is the maternal grand mother of the wife of the second respondent herein and that she was residing alone at Netaji Nagar in Ponnur in the upstairs of her own house and that she let out the ground portions for post office and social welfare department office. On 01.10.1991 she collected rent and also withdrew some amount from the post office and thereafter she was not seen alive. On 04.10.1991 at about 4.00 PM as foul smell was emitting from the house of the deceased, the post master went to upstairs and found the deceased lying on the cot dead in a decomposed state and informed to the neighbours and also the petitioner herein who in turn visited the house of the deceased and lodged a report before the police since the death of the deceased was found to be suspicious. During the course of investigation the list of missing gold and other articles of the deceased from her house was given and the accused were arrested and at the instance of the accused the stolen gold articles were recovered and after completion of investigation the charge sheet was filed. During the pendency of the case before the court below, the second accused therein became an approver in the case and her statement was recorded under section 164 of Cr.P.C. by the Munsif Magistrate, Guntur. Hence Pardon was tendered to her on condition of her making disclosure of the whole of the circumstances within her knowledge relating to the offence. Therefore, the case was tried against the second respondent herein alone. The trial court having analysed the entire evidence passed the judgment as stated supra. 3 Heard both sides. 4 Having regard to the facts and circumstances of the case and also after going through the entire material including the judgment of the trial court, this court is thoroughly satisfied that the court below is perfectly justified in acquitting the accused for the offence punishable under section 302 of IPC and finding him guilty of the offence punishable under section 380 of IPC. In my considered view the well considered judgment needs no interference. 5 I see no merits in this revision and the same is accordingly dismissed. -------------- 08.07.2010 Kvsn