THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 856 OF 2003 JUDGMENT: 1. This Criminal Appeal, under Section 378(3) & (1) Cr.P.C., is preferred by the State against the judgment dated 06.11.2002 in C.C. No. 163 of 1999 on the file of the Judicial Magistrate of First Class, Miryalaguda, whereunder and whereby the respondents/A.1 and A.2 were acquitted of the offences under Sections 353, 506 I.P.C. read with 181 and 130 of the Motor Vehicles Act, 1988. 2. The brief facts that are necessary for disposal of the present appeal may be stated as follows. It is alleged that, 29.3.1999 at 18.00 to 21.00 hours, P.W.1 performed station sentry duty and went to house for meals. At about 11.45 PM during night, while he was returning to the station on the way near Rajeev Chowk, he saw a haystock lorry burning and flames coming out. He immediately informed about the same to lorry driver and in the mean time, PC 1580 of Miryalaguda town went to bring fire engine to put off the flames. At that time, a jeep bearing no.AP24-2424 came from the back side of the lorry and the accused get down from it and abused P.W.1 in filthy language and beat him with hands and abused with dire consequences. On the report lodged by P.W.1, the case is registered and after completion of investigation, charge sheet is laid. 3. When the respondents were examined under Section 251 Cr.P.C., they pleaded not guilty and claimed to be tried. 4. To substantiate its case, the prosecution examined P.Ws. 1 to 5 and got marked Exs.P1 and P2. On behalf of accused, D.Ws. 1 and 2 were examined and Ex.D1 was marked. 5. The trial Court, upon appreciation of the evidence on record, found the accused not guilty of the offences and accordingly acquitted them. Challenging the same, the present appeal is preferred by the prosecution. 6 . Now the point for determination is whether the prosecution proved its case against the respondents/A.1 and 2 for the offences leveled against them and whether the judgment of the trial court is correct, legal and proper ? 7. Heard the learned counsel representing the Public Prosecutor and the learned counsel for the respondents. 8. While dealing with the order of acquittal, though the appellate Court has got full power to re-appreciate the evidence, but it will be slow in interfering with the same in view of the fact that there is a presumption under law that the accused is presumed to be innocent unless contrary is proved and that presumption of innocence is further strengthened by an order of acquittal. Unless there are compelling or substantial reasons, normally this court would not interfere with the order of acquittal. 9. The entire case of prosecution rests upon the evidence of P.Ws. 1 and 3. P.Ws. 2 and 4 did not support the case of prosecution. They simply stated that an altercation took place between P.Ws. 1 and 3 on one side, and A.1, on the other side. None of the prosecution witnesses stated that the accused obstructed their duties when they were discharging their duties. Admittedly, P.W.1, after completion of his duty, went to his quarter for taking meals and while he was returning to police station, the incident is alleged to have taken place. Therefore, it cannot be said that P.W.1 was discharging his official duties at the time of the incident. With regard to the offence under Section 506 I.P.C., P.Ws. 1 and 3 did not state that the accused insulted him by abusing in filthy language and that his reputation is disregarded. The trial Court, upon appreciation of the evidence on record in right perspective, rightly acquitted the respondents. There are no compelling or substantial reasons to interfere with the impugned judgment. 10. The Criminal Appeal is devoid of merit and is, accordingly, dismissed. ------------------- (K.C.Bhanu, J.) 23.12.2009 Drk THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 440 OF 2003 Date: 23.12.2009 Between: State, rep. by the Public Prosecutor, High Court of A.P., Hyderabad. …Appellant And M.Chandrasekhar Reddy & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 856 OF 2003 23.12.2009