THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.544 of 2011 BETWEEEN: The State of A.P. … Appellant AND 1. Rachamalla Shambaiah & 2 others. … Respondent THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.544 of 2011 JUDGMENT: The Assistant Sessions Judge, Nalgonda by judgment dated 01.12.2009 in S.C.No.290 of 2009 acquitted A1 to A3 of the charge under Section 307/34 I.P.C. on the ground that evidence of PWs 1 and 5 cannot be believed. PW5 is the injured. PW1 is wife of PW5. PW3 turned hostile to the prosecution. PW2 came to the scene after hearing cries of PW5. He did not actually the witness of the occurrence. PW4 who is auto driver, shifted the injured to hospital. It is evidence of PWs 1 and 5 that apart from A1 to A3, one Venkanna also participated in the attack against PW5. Venkanna was working as home-guard. As per evidence of PWs 1 and 5, Venkanna was armed with axe. Specific overt act was also attributed to Venkanna against the injured. But the investigation revealed that Venkanna was actually on duty at some other place at the time of offence and that he did not participate in the offence against PW5. Apart from that, there are previous disputes between the accused party and the injured party and previous reports in police station. In these circumstances, the lower Court rightly did not believe evidence of PWs 1 and 5 who are wife and husband as there is element of false hood in their evidence and as their evidence is doubtful. I do not find any circumstances to interfere in the acquittal recorded by the lower Court. 2. Accordingly, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 18.04.2011 ysk