THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.737 of 2011 BETWEEEN: The State of A.P. … Appellant AND 1. Vutchula Wilson & 5 others. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.737 of 2011 JUDGMENT: This is an appeal against acquittal. A1 to A6/respondents were charged by the lower Court with offences punishable under Sections 498-A, 324, 307, 109 and 34 I.P.C. A1 is husband of PW1, who is the victim. A2 to A6 are not related to A1. They were devotees who attend the Church being run by A1 in the upstairs of his house. In the absence of any relationship for A2 to A6 with A1, the question of attracting liability under Section 498-A I.P.C. against them may not arise at all. Even though it is alleged that A3 intended to perform marriage of her daughter A2 with A1, no such marriage was performed and they were not charged with offence punishable under Section 494 I.P.C. The prosecution did not make any specific allegations or overt acts for A4 to A6 against PW1, except the allegation of they being associates of A1. There is no evidence of any abetment of A1 by any other accused in this case. 2. Specific allegation of the prosecution is that on 04.01.2007, at about 7:00 or 7:30 A.M., A1 entered into bed room when PW1 was sleeping on cot and A2 caught hold of both hands of PW1 and A3 caught hold of legs of PW1 and A1 pressed her face with pillow and started smothering and throttling her and that on hearing cries of PW1, her brothers PWs 2 and 3, who were there in the house of A1, came to the rescue of PW1. On the other hand, A1 alleged that PW1 was having extra marital affair with another person and when it came to be noticed by A1, A1 became perplexed and attempted to commit suicide by hanging, when PW1 consoled A1 and promised not to repeat the same in future. Presence of PWs 2 and 3 in the house of A1 on 04.01.2007 could not be explained by them. A1 to A3 would not have attempted on the life of PW1 when her brothers PWs 2 and 3 were physically available in the same place. The prosecution allegation in this regard is highly improbable. The lower Court after considering evidence recorded by it, came to the conclusion that no reliance can be placed on the prosecution witnesses. Insofar as the incidents which are stated to have occurred in the year 2006 by way of beating with a bamboo stick and cricket stump, there was no immediate action initiated by PW1 at that point of time. The lower Court considered the entire evidence on record in the right perspective and acquitted all the accused of all the charges. There are no circumstances to come to a different conclusion in this appeal. 3. Hence, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 06.07.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL APPEAL No.737 of 2011 DATED: 06.07.2011 ysk