THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1464 of 2010 JUDGMENT: The state filed this criminal appeal against the judgment dated 17.07.2009 passed in SCs & STs Sessions Case No.58 of 2007 on the file of the Special Judge for Trial of Cases under SCs & STs (POA) Act, West Godavari, Eluru, whereby and whereunder Accused No.2 was acquitted under Section 235(1) Cr.P.C., for the offence punishable under Section 3 (1) (ii) of SCs and STs (POA) Act. The case of the prosecution, succinctly, is as follows:- One week prior to 20.01.2000, Accused Nos.1 and 2, who are Kapu by caste, unauthorisedly constructed a drainage canal on the Eastern and Northern sides of the compound wall of M/s. Ramakrishna Theatre, belonging to Accused No.1, and projected the generator smoke pipe towards SC colony. They were causing health hazardous to the residents of the said SC colony by allowing wastewater and obnoxious substances from the cinema theatre into the said SC colony. On the basis of a report given by the then Director of SC Cooperative Society, Duvva village, on 20.01.2000 at 5.00 p.m., a case in Crime No.7 of 2000 was registered by the Sub-Inspector of Police, Tanuku Police Station, against the accused, for the offence punishable under Section 3 (1) (ii) of SCs and STs (POA) Act. After completion of investigation, a charge sheet was filed before the Court of the II Additional Judicial Magistrate of First Class, Tanuku, and it was numbered as PRC.No.17 of 2001. Thereafter, the learned Magistrate committed the case to the Court of Special Judge for Trial of Cases under SCs & STs (POA) Act, West Godavari, Eluru, which is a designated court for trial of cases under SCs & STs (POA) Act, and it was numbered as SCs & ST SCs Sessions Case No.58 of 2007. During the course of trial, Accused No.1 died and, therefore, the case against him was abated. On behalf of the prosecution, nine witnesses were examined as P.Ws.1 to 9 and got marked Exs.P1 to P9. On behalf of defence, none were examined, but documents Exs.D1 to D6 were marked on its behalf. On consideration of the entire oral and documentary evidence on record, the trial Court came to the conclusion that the prosecution failed to prove the charge under Section 3 (1) (ii) of SCs and STs (POA) Act against Accused No.2 and, accordingly, by judgement dated 17.07.2009, acquitted the accused for the offence for which he was charged. Assailing the same, the state filed the present criminal appeal. Heard the Additional Public Prosecutor appearing for the State and the learned counsel appearing for the respondent/Accused No.2. Apparently, one week prior to 20.01.2000, the accused constructed drainage canal on the eastern and northern side of the compound wall of M/s.Ramakrishna Theatre, which belongs to Accused No.1. Further, according to the prosecution witnesses, Accused No.1 entrusted the work of construction of drainage canal to Accused No.2, who is a civil contractor. Since Accused No.1 died and the case against him got abated, the trial Court acquitted Accused No.2. Even, I am of the considered opinion that the trial Court has rightly recorded acquittal of Accused No.2 for the offence for which he was charged. Accordingly, I see no merits in this criminal appeal preferred by the State. In the result, the criminal appeal is dismissed, at the stage of admission. _________________________ GOPALA KRISHNA TAMADA,J 08.12.2010 v v