HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE NO.1295 OF 2010 DATE: 24.08.2010 Between: Namu Suryanarayana …… Petitioner. And: Adapa Bheemaraju and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE NO.1295 OF 2010 ORDER: 1. The complainant/victim/petitioner and the 1st respondent/accused belong to Congress party, but are in different groups within that party. The Assistant Sessions Judge, Pithapuram by judgment dated 19.12.2008 in S.C.No.120 of 2008 acquitted the accused of the charge under Section 333 IPC. It is alleged that the petitioner is MPTC and that on 31.08.2007 at about 11.30 a.m, the accused forcibly entered into room of Mandal Development Officer and quarrelled with the petitioner and beat him with hand on left jaw resulting in the petitioner sustaining grievous injury of fracture of jaw. The petitioner as P.W.1 spoke to the said incident. There are no other witnesses who supported version of PW.1 to the effect that the accused slapped P.W.1. P.W.2 who is the MPDO, Pithapuram though stated about P.W.1 sustaining bleeding injuries on his mouth and falling of his spectacles, did not state specifically that it was due to the accused slapping P.W.1. Having regard to group politics within the party, the lower court sought for corroboration from other evidence for the version of PW.1. Since there was no other corroborative evidence, the lower court rightly came to the conclusion that version of PW 1 about the accused assaulting him cannot be relied upon. Further, there is no medical evidence, in the sense, the dentist who gave opinion is not examined. X-ray report of PW.1’s jaw is not filed much less X-ray exhibited. In the absence of any such medical evidence, the prosecution cannot be said to have proved grievous nature of PW.1’s injury. On totality of the evidence and circumstances of the case, this court is of the opinion that the lower court rightly disbelieved the prosecution case. I do not find any reasons to interfere with judgment passed by the lower court. 2. In the result, the revision petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU, J August 24, 2010 Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE NO.1295 OF 2010 Date: 24.08.2010 Gk.