THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.A.No.1483 of 2010 JUDGMENT This criminal appeal is filed by the appellant-State against the judgment of acquittal passed by the learned Judicial Magistrate of First Class, Suryapet, in C.C.No.469 of 2004, dated 25.07.2006. 2. The case of the prosecution, in brief, is as follows: On 19.04.2003 at 04.00 hours, at Thummalapally village, when P.W.1-de facto complainant and her husband were proceeding to work on tractor, the accused came to their house and beaten P.W.1 with sticks on account of previous verbal altercations occurred at bore well. She sustained bleeding injury to her left collarbone. On receipt of a complaint from P.W.1, the Police, Mothey Police Station, registered a case in Crime No.24 of 2003 for the offence punishable under Section 324 read with Section 34 IPC. After investigation, police filed the charge sheet against the accused for the said offences. 3. During the course of trial, the prosecution examined P.Ws.1 to 9 and got marked Exs.P1 to P10. On behalf of the defence, Exs.D1 to D3 were marked. 4. Learned Magistrate having considered the oral and documentary evidence, found the respondents/accused not guilty of the offence under Section 324 read with section 34 IPC and accordingly, acquitted them. Hence, this appeal by the State. 5. Heard. 6. P.W.1 is the injured and P.W.2 is the husband of P.W.1. The trial Court having accepted the evidence of P.Ws.1 and 2 held that there was absolutely no incriminating material to establish the guilt of the accused. The alleged eyewitnesses, who were examined as P.Ws.3 to 7, did not support the case of the prosecution. According to P.W.1, she received bleeding injuries, but the same was not clarified by the evidence of Doctor, who was examined as P.W.9. As per the wound certificate-Ex P5 issued by him, P.W.1 sustained simple injuries and contusions, but no bleeding injuries. In those circumstances, it cannot be said that the respondents have committed the offence punishable under Section 324 read with Section 34 IPC. 7. Accordingly, I see no merits in this appeal and the appeal is, accordingly, dismissed, at the stage of admission. _________________________ GOPALA KRISHNA TAMADA Date.30.11.2010. sj