IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1100 OF 2009 Between: The Sate of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ..... Appellant/Petitioner AND Katari Adinarayana ..... Accused/Respondent The Court made the following: JUDGMENT: The criminal appeal under Section 378(3) & (1) Cr.P.C., 1973, is directed by the State against the order of acquittal of the respondent-accused of the charges under Sections 447, 427 and 509 IPC, passed by the learned Judicial I Class Magistrate, Pithapuram, vide judgment, dated 31.07.2007, in C.C.No.103 of 2004. 2. The brief facts that are necessary for the disposal of the prosecution case may be stated as follows: On 14.03.2004 evening at about 4.00 p.m., the accused trespassed into the house of P.W.1 armed with crow bar and removed the compound wall to some extent and caused mischief. When P.Ws.1 to 4 resisted the accused, they were threatened with dire consequences. One week thereafter, P.W.1 lodged a complaint with the police, basing on which the Sub-Inspector of Police registered a case in Crime No.34 of 2004 under Sections 447, 427 and 506 IPC., visited the scene of offence, examined the witnesses and after completion of investigation, charge sheet was filed. 3. When the charges under Sections 447, 427 and 506 IPC were framed against the accused, read over and explained to him in Telugu, he pleaded not guilty and claimed to be tried. 4. To substantiate the charges, the prosecution examined P.Ws.1 to 5 and got marked Exs.P1 to P4. 5. After closure of the prosecution evidence, the accused was examined under Section 313 Cr.P.C. with reference to the incriminating material found against him in the evidence of prosecution witnesses. He denied the same. On behalf of the accused, no evidence either oral or documentary was adduced. 6. The trial Court, after consideration of evidence on record, found the accused not guilty of the charges levelled against him and accordingly acquitted. Hence, this appeal by the State. 7. Now the point for determination is whether the prosecution proved its case beyond all reasonable doubt against the accused of the charges under Sections 447, 427 and 506 IPC and whether the judgment of the trial Court is correct, legal and proper? 8. Heard the counsel representing learned Public Prosecutor. 9. P.Ws.1 to 3 are stated to be the eye witnesses to the incident. The accused is no other than the elder brother of P.W.1. There is a dispute with regard to the compound wall lying in between the house of the accused and P.W.1. According to P.Ws.1 and 2, the compound wall was constructed by P.W.1. On 14.03.2004, at about 4.00 p.m., the accused demolished the compound wall with a crow bar. Admittedly, civil disputes are pending between the parties in the Court. There was a delay of nearly eight days in lodging the complaint. The delay was not properly explained. According to P.Ws.1 and 3, they placed the matter before the elders, but none of the elders is examined. 10. P.Ws.1 and 2 stated that they obstructed the accused in demolishing the compound wall. Whereas, P.W.3 stated that nobody obstructed the accused and that there was no much loss caused to P.W.1. In view of the fact that the disputes are existing between the brothers, this case must have been came into existence. The trial Court acquitted the accused by not placing any reliance on the evidence of P.Ws.1 to 3. Considering the delay and the disputes between the parties, the trial Court rightly acquitted the accused and absolutely there are no grounds to interfere with the same. Therefore, appeal is devoid of merit and is liable to be dismissed. 11. Accordingly, the Criminal Appeal is dismissed at the stage of admission confirming the Judgment, dated 31.07.2007, in C.C.No.103 of 2004, on the file of the learned Judicial I Class Magistrate, Pithapuram. _______________ (K.C. BHANU, J) Date: 20th August, 2009 KL