HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No. 1555 of 2002 DATE:04.06.2010 Between: A. Venkateswara Rao … Petitioner and Amalapurapu Appalanarasayya and others … Respondents HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1555 of 2002 JUDGMENT: This revision is directed against the acquittal of respondents 1 and 2 herein-accused by the learned Principal Assistant Sessions Judge, Rajahmundry, East Godavari District, in S.C.No.99 of 2002, by judgment dated 12.07.2002. 2. For the purpose of convenience, the parties are referred to hereinafter as they arrayed in S.C.No.99 of 2002. 3. Facts of the case, in brief, are that on the basis of the report of the defacto complainant, petitioner herein, a case in Crime No.81 of 2001 was registered against the accused, respondents 1 and 2 herein, by Gokavaram Police Station, East Godavari District, and after completion of investigation, charge sheet was filed for the offence punishable under Section 306 r/w Section 34 IPC. On committal, the same was numbered as Sessions Case No.99 of 2002 on the file of the Principal Assistant Sessions Judge, Rajahmundry. i) During the course of trial, on behalf of prosecution, P.Ws.1 to 14 were examined and Exs.P.1 to P.15 and M.Os.1 to 3 were marked. On behalf of defence, D.Ws.1 and 2 were marked and Exs.D.1 and D.2 were marked. ii) The learned Assistant Sessions Judge, having analysed the entire evidence, came to the conclusion that the prosecution has miserably failed to establish the guilt of the accused and accordingly acquitted them of the offence punishable under Section 306 r/w 34 IPC, by judgment dated 12.07.2002. iii) Since the complainant, 3rd respondent herein, has not chosen to file any appeal against the judgment of the trial court, the defacto complainant approached this Court and filed the present revision invoking the jurisdiction of this Court, under Sections 397 and 401 Cr.P.C. 4. Heard both sides. 5. The scope of the revision under Sections 397 and 401 Cr.P.C. is very narrow. Even if this Court comes to the conclusion that the judgment of the trial court is perverse, this Court has to remand the matter to the trial court, for fresh disposal, in accordance with law, and this Court cannot impose any sentence on the accused. Further, from a perusal of the judgment impugned in this revision, this Court is of the firm view that the trial court is justified in recording acquittal which finding needs no interference. 6. Accordingly, the Criminal Revision Case is dismissed. ______________________________ GOPALA KRISHNA TAMADA, J 4th June, 2010. CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1555 of 2002 (Dismissed) 4th June, 2010 CBS