IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD WEDNESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT: HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL REVISION CASE No.1109 OF 2010 BETWEEN: Madiga Lingappagari Pathakka W/o. late Gadda Kariyappa …. Petitioner AND Talari Raghunath S/o. Talari Ranga Syamappa and others …. Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL REVISION CASE No.1109 OF 2010 JUDGMENT: The de facto complainant / PW-1 wants to question acquittal of the respondents 1 and 2 / A-1 and A-2 recorded by the Additional Sessions Judge, Hindupr in Sessions Case No.435 of 2009 by judgment dated 12-04-2010. All the witnesses namely PWs.5 to 8 turned hostile to the prosecution in the lower Court. Other witnesses examined by the prosecution are only formal witnesses who have no direct acquaintance with commission of the offence proper. Therefore, the lower Court rightly found that there was no incriminating evidence against A-1 and A-2 on record. 2. It is contended by the petitioner’s counsel that evidence of PW-12 was not considered by the lower Court. 3. PW-12 is Village Revenue Officer. PW-12 also has not spoken anything about the offence proper. He is not a witness to the occurrence much less circumstances leading to the occurrence. PW- 12 is one of the mediators in Ex.P-11 confessional statement of the accused said to have been given after his arrest in the presence of Sub-Inspector of Police. Naturally the said statement was denied by the accused. At any rate, the alleged confessional statement contained in Ex.P-11 is irrelevant as well as inadmissible in view of Sections 25 and 26 of the Indian Evidence Act, because it was stated to have been given in the presence of a police officer. Thus, there was no legal evidence on record before the trial court. This Court is of the opinion that finding of acquittal recorded by the lower Court is legal and justified. 4. In the result, the Criminal Revision Case is dismissed. ___________________________ SAMUDRALA GOVINDA RAJULU, J June 16, 2010. KTL