HON’BLE SRI JUSTICE K.G. SHANKAR CRIMINAL REVISION CASE No.1434 of 2005 Date: September 29, 2011 Between: Devala Subbamma … Petitioner/ De facto complainant And 1. The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad and 2 others. … Respondents/ Respondents * * * HON’BLE SRI JUSTICE K.G. SHANKAR CRIMINAL REVISION CASE No.1434 of 2005 J U D G M E N T: This revision is filed by P.W.1, who is the de facto complainant. She is the sister of the deceased by name Guravaiah. A-1 and A-2, who are brothers, allegedly murdered the deceased on 31.12.1997 near the railway station on four roads junction at Venkatagiri. Accused 1 and 2 consequently were charged for the offences under Sections 302 IPC and 302 read with Section 34 IPC. The prosecution examined 15 witnesses. Considering that the prosecution failed to establish the offences charged against the accused, the trial court acquitted them for the offences under Sections 302 IPC and under Section 302 read with Section 34 IPC. Assailing the judgment of acquittal, P.W.1 preferred the present revision. 2. As already pointed out, P.W.1 is the sister of the deceased and while A-1 and A-2 are brothers. The case of the prosecution is: (i) On 30.12.1997 the deceased and one Manda Ramanaiah purchased a cow from P.W.12 for slaughtering. Disputes arose between the deceased and Ramanaiah regarding sharing of the sale proceeds of the meat of the slaughtered cow. A quarrel occurred near the house of P.W.1 at about 3- 30 p.m. on 31.12.1997. P.W.1 pacified the deceased and Ramanaiah and sent them away. However, the deceased and Ramanaiah again quarrelled at the tea stall of Shaik Mahaboob Basha. In the process of the quarrel, the deceased stabbed Ramanaiah. (ii) Audilakshmi, wife of Ramaiah, took Ramanaiah in an auto to the police station en route to the hospital. On the way to the police station, she met A-1 and A-2 and informed A-1 and A-2 that the deceased attacked Ramanaiah. A-1 and A-2 grew wild on receipt of information and went in search of the deceased. They found the deceased near the road leading to the house of the Sarpanch. A-1 attacked the deceased with a knife causing injuries on the right and left ankles. The deceased sustained serious bleeding injuries on account of the attack by A-1. Both the accused subsequently took to heels. (iii) P.W.13, who received information, shifted the deceased to the Government hospital, Venkatagiri. However, unfortunately, the deceased succumbed to the injuries. (iv) This is the basic case of the prosecution. 3. The learned trial judge did not believe the evidence of the only eyewitness to the incident proper who is P.W.1. P.W.4 is the wife of the deceased. She was not an eyewitness to the incident proper. The only eyewitness in P.W.1 did not make consistent statements before the court, so much so, the learned trial judge considered that the evidence of P.W.1 was not sufficient to convict the accused. When the trial court disbelieved the main evidence of the eyewitness, the trial court deemed it appropriate to acquit the accused. 4. I consider that the appreciation of the evidence of P.W.1 primarily and of the evidence of other witnesses generally by the trial court was reasonable, appropriate, just and fair. The trial court, from the over all examination of the witnesses concluded that the case was not made out by the prosecution. Consequently, the trial court considered that no case was made out for the offences under Section 302 IPC and under Section 302 read with Section 34 IPC and accordingly acquitted the accused. 5. As already pointed out, the appreciation of evidence by the learned trial judge is fair and reasonable. The solitary eyewitness in P.W.1 was not trustworthy to accept her stand that the accused killed or attempted to kill the deceased. There are no circumstances to set aside the observations of the learned trial judge. I consequently see no merits in this revision. 6. This revision is devoid of merit and is accordingly dismissed. __________________ K.G. SHANKAR, J Date: September 29, 2011. BSB