THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.Rc.No.1413 of 2004 JUDGMENT: This revision is filed under Section 397(6) Cr.P.C. against judgment made in Sessions Case No.185 of 2001 dated 5.8.2002 on the file of the I Additional District Judge, Kadapa acquitting the Accused-Respondents for the offence punishable under Sections 302 and 201 I.P.C. Though the matter is coming up under the caption ‘for orders’, there is no representation on behalf of the petitioner, hence his arguments are closed. Heard the learned Public Prosecutor. The following points are to be examined in order to dispose of the matter. 1. Whether the prosecution placed satisfactory evidence in regard to the charges framed against the accused. 2. Whether the trial Court properly examined the matter and arrived at correct conclusions and whether the acquittal recorded by it is sustainable or not. It is a case where nobody saw and no eyewitness was examined with regards to the alleged incident of murdering the deceased. P.W.1- Village Administrative Officer and P.W.2-Village Servant found the dead body and the first of them gave report to the police, which was marked as Ex.P1. P.W.1 also deposed that during the course of the investigation of the case, police arrested the accused and seized pant, plastic cover and watch, which were marked as M.Os.1 to 3 and also an account book, which was not marked as material object before the trial Court and accordingly, a panchanama was prepared as Ex.P3. P.W.3 deposed that on 21.7.2000 the deceased came to his shop along with two bags of sunflower seeds and one bag of caster oil seeds accompanied by A1 and kept the bags at the shop. P.W.4 mother of the deceased and P.W.5 sister of P.W.4 and P.W.6 deposed similarly. Further, P.W.7 deposed that on 21.7.2000 he went to the house of the deceased for purchase of coffee power and beedies. P.W.8 deposed that on 21.7.2000 he saw the deceased in the shop of P.W.3 and he along with A1 and the deceased had taken breakfast at Annapurna Hotel and thereafter they went to RTC Bus Stand, Budvel. Further P.W.9 deposed that he acted as panchayatdar for the inquest held over the dead body. There is absolutely no incriminating material against the accused. Further, even though the account book was said to be seized from the dead body as the same was not produced before the Court, it could not be considered. It is pertinent to note here that according to the prosecution, the murder took place with regards accounts only. Therefore, there is no basis to convict the accused and punish them in respect of the charges. I am of the opinion that the Court below properly examined the matter and acquitted the accused and there is no reason to interfere with its findings. The revision is devoid of merit and is liable to be dismissed. Accordingly, the revision is dismissed. _________________________ G.KRISHNA MOHAN REDDY, J Date: 13.7.2011 DA THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.Rc.No.1413 of 2004 13.7.2011