THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.574 of 2011 BETWEEEN: The State of A.P. … Appellant AND 1.S.Prabhu & 7 others. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.574 of 2011 JUDGMENT: The Additional Assistant Sessions Judge, Chittoor in S.C.No.115 of 2008 by judgment dated 02.12.2008, acquitted the respondents/accused of the charges under Sections 147, 148, 307, 332/149 I.P.C. PWs 1 and 2 are the Police Personnel. They were stated to have been attacked by the accused when they found A1 with I.D. Liquor and that when PWs 1 and 2 chased A1, A1 left the moped and ran away and that subsequently, all the accused attacked PWs 1 and 2. In the FIR, the assailants were described as group of unknown persons. Inspite of it, during the course of investigation, no test identification period was conducted for the accused. There is no evidence on record to show as to how the Investigating Officer could identify the culprits who participated in the attack. In the absence of proof of proper identification of the persons who participated in the attack against Police personnel, it may not be safe to convict the accused who were identified by the injured for the first time in the lower Court during trial. That reason itself is sufficient to extend benefit of doubt to the accused. 2. Hence, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 18.04.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL APPEAL No.574 of 2011 DATED:18.04.2011 ysk