HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.No.1852 of 2004 JUDGMENT: This criminal revision case is preferred by the petitioner- P.W.1 against the judgment dated 31.07.2004 passed in C.C.No.1178 of 2000 on the file of the Court of the Additional Judicial Magistrate of First Class, Parvathipuram, acquitting the respondents 2 to 9 for the offences punishable under Sections 323, 324, 341 read with Section 34 of I.P.C. Brief facts of the case are that on 28.09.2000 at 06.00 hours there was an altercation took place between P.Ws.1 to 4 and the accused and that A1 beat P.W.1 with a stick on his head; A3 beat P.W.3 on his chest with hands; A4 beat P.W.3 on his back; A2 beat P.W.2 with a stick on his head and that A5 to A8 beat P.W.4 with hands. Subsequently, the police registered a case in Crime No. 51 of 2000 on the file of Jiyyammavalasa Police Station and after completion of investigation the charge sheet was filed against the accused under Sections 323, 324, 341 read with Section 34 of I.P.C. and that the accused were tried for the said offences. The prosecution has examined P.Ws.1 to 12 and got marked Exs.P1 to P7 and M.Os.1 and 2 to prove the guilt of the accused. On a perusal of the entire evidence, both oral and documentary, the trial Court held that the prosecution miserably failed to prove the offences against the accused with which they were charged and accordingly acquitted them. Aggrieved by the same, the revision petitioner-P.W.1 preferred this criminal revision. Heard both sides. Having considered the submissions made by the learned Counsel for the revision petitioner and also perusing the impugned judgment, this Court is of the view that the said judgment cannot be interfered with. The trial Court, on a consideration of the entire material available on record, rightly held that the prosecution has failed to produce positive, cogent, reliable and corroborative evidence to sustain the theory of commission of offence by the accused, which in my considered view, needs no interference. Further, this is a revision filed against the judgment of acquittal under Sections 397 and 401 of Cr.P.C. under which the scope and jurisdiction of this Court is very much limited. The said jurisdiction can be invoked by this Court in rarest of rare cases when the Court below has committed a gross error or not followed the relevant provisions of law in proper perspective. Even if this Court comes to the conclusion that it is a fit case for interference the maximum that can be done is to remand the matter to the trial Court for fresh disposal. Here in this case, the finding of the Court below is based on sound appreciation of evidence available on record and hence the said finding needs no interference. I find no merit in this revision. The Criminal Revision Case is accordingly dismissed. ___________________________ (GOPALA KRISHNA TAMADA, J) 24-02-2011 Gsn.