THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.485 of 2011 BETWEEEN: Polepalli Papa Rao … Appellant AND 1. The State of A.P. & 7 others. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.485 of 2011 JUDGMENT: The IV Additional Sessions Judge, Kakinada in Criminal Appeal No.266 of 2008, reversed judgment of the Additional Judicial Magistrate of the First Class, Peddapuram in Calender Case No.158 of 2005 and found A1 to A7 not guilty of the offences punishable under Sections 326, 324/34 I.P.C. and acquitted them. With regard to the offence proper, except evidence of the injured/PW1, there is no other evidence. Even though PWs 3 and 4 were present at a distance and heard cries of PW1, they did not witness the actual incident and could not identify the culprits who participated in the offence. Admittedly, there are civil disputes between PW1 and the accused party. It is stated that those civil disputes were decided by the Civil Court in favour of PW1 and therefore, the accused attacked PW1. The lower appellate Court came to the conclusion that in view of the previous civil disputes between the parties, no reliance can be placed on the sole testimony of PW1 without corroboration. The view taken by the lower Court is proper and legal. 2. Further, for convicting an accused for the offence under Section 326 I.P.C., the trial Court should have sought for proof of grievous nature of injuries by examining the radiologist, who gave report on X-rays and by production of X-rays. The view taken by the lower appellate Court that non-production of such material by the prosecution cannot lead to the conclusion as to grievous nature of injuries, is proper and legal. There are no grounds to interfere with the acquittal recorded by the lower appellate Curt. 3. Hence, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 08.06.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL APPEAL No.485 of 2011 DATED: 08.06.2011 ysk