IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL APPEAL No.242 of 2010 Between: The Sate of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ..... Appellant/Petitioner AND Siddapareddy Chinnabbaiah and five others ..... Accused/Respondents JUDGMENT: The Criminal Appeal, by the State under Section 378 (3) & (1) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), is directed against the judgment, dated 28-11-2008, in Sessions Case No.329 of 2006, on the file of the learned Assistant Sessions Judge, Gudur, whereunder and whereby respondents/Accused Nos.1 to 6 were found not guilty of the offences punishable under Sections 147, 148, 324, 307 r/w.109 of the Indian Penal Code, 1860 (for short, “I.P.C.”). 2. Brief facts, that are necessary for disposal of the present Criminal Appeal, may be stated as follows: On 28-05-2005 at about 15.00 hours, A-1 to A-6 formed into an unlawful assembly in furtherance of common intention to do away the life of Yellampati Venkata Ramanaiah (PW-1) and caused bleeding injuries to prosecution witnesses. Police registered a case basing on Ex.P-1 complaint and the injured were sent to the hospital. A-1 to A-6 were arrested. After obtaining wound certificates of the injured and completion of investigation, police filed the charge sheet. 3. When the charges under Sections 147, 148, 324, 307 r/w.109 of I.P.C. against Accused Nos.1 to 6 were framed, read over and explained to them in Telugu, they pleaded not guilty and claimed to be tried. 4. To substantiate the charges, the prosecution examined P.Ws.1 to 9 and got marked Exs.P-1 to P-13. 5. After closure of the prosecution evidence, the accused were examined under Section 313 Cr.P.C., with reference to the incriminating circumstances found against them in the evidence of prosecution witnesses. They denied the same and they did not adduce any evidence on their behalf. 6. As the prosecution witnesses PWs.1 to 6 did not support the prosecution case, A-1 to A-6 were acquitted by the trial court. Challenging the same, the present Criminal Appeal is filed by the State. 7. Now the point for determination is whether the prosecution proved its case against Accused Nos.1 to 6 of the offences punishable under Sections 147, 148, 324, 307 r/w.109 of I.P.C., beyond all reasonable doubt and whether the judgment of the trial Court is correct, legal and proper? 8. Heard the learned counsel representing the accused, learned Public Prosecutor and perused the judgment. 9. Though it is the case of the prosecution that all the accused caused severe injuries with an intention to cause death to the prosecution witnesses, during the course of trial all the material witnesses including the injured did not support the case of the prosecution. They have given completely a go by to their earlier version. Therefore, the prosecution sought permission to cross-examine them. Even after the cross-examination of the material witnesses nothing has been elicited about the involvement and participation of the accused in the commission of the offence. So, there is no legal evidence to connect the accused with the offences alleged. Therefore, in these circumstances, the trial Court rightly acquitted the accused. There are no compelling or substantial reasons to interfere with the same. Hence, the Criminal Appeal is devoid of merit and is liable to be dismissed. 10. Accordingly, the Criminal Appeal is dismissed at the stage of admission confirming the judgment, dated 28-11-2008, in Sessions Case No.329 of 2006, on the file of the learned Assistant Sessions Judge, Gudur. ________________ K.C. BHANU, J February 08, 2010 PN THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL APPEAL No.242 of 2010 February 08, 2010