THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA Crl.A.M.P.No.1738 of 2010 and CRIMINAL APPEAL No.518 of 2010 JUDGMENT: This appeal is directed against the judgment, dated 06.03.2009, rendered by the Assistant Sessions Judge at Nagarkurnool in Sessions Case No.835 of 2007, whereby the respondents herein-accused were acquitted of the offences punishable under Sections 307 and 324 read with 34 of Indian Penal Code. On the basis of a report given by P.W-1, who was examined as P.W-1, a case in Crime No.23 of 2007 was registered against the respondents herein-accused for the offences punishable under Sections 307 and 324 read with 24 IPC and after investigation, a charge sheet was filed before the learned Magistrate of First Class, Achampet and the same was numbered as P.R.C.No.35 of 2007 and after committal, it was numbered as Sessions Case No.835 of 2007 on the file of the Assistant Sessions Judge at Nagarkurnool. The case of the prosecution in brief, as per the charge sheet, is as follows: - On 22.05.2007, at about 5.30 pm., the de facto complainant lodged a complaint stating that at 10 am on the same day, when his younger brother went to their field, his paternal uncle namely Talla Bojjaiah, his four sons and his wife were found plucking the mango fruits from the trees and when his brother questioned them as to why they are plucking the fruits, they beat him and due to fear he came to house. Then, he along with his father, mother and another brother-Venkatanarayana went to the mango thope and questioned the accused as to why they assaulted his brother, on that, all the accused beat them with an intention to kill them and attacked them with an axe and caused bleeding injuries and that, with difficulty they reached their house and fell unconscious. Further, it is stated that as one Allaji got the job of Village Assistant Officer, the accused family bore grudge against them and attacked them with an intention to kill all his family members. Basing on the said complaint, the crime was registered and that after completing all the formalities of investigation, i.e., visiting the scene of offence, examining the injured persons and recording their statements, etc., the charge sheet was filed. During the course of trial, on behalf of the prosecution, P.Ws.1 to 16 were examined and Exs.P-1 to P-16 were marked, besides M.Os.1 to 4. On behalf of defence, D.Ws.1 and 2 were examined and Exs.D-1 and D-6 were marked. Heard learned Public Prosecutor appearing for the appellant-State and learned counsel appearing for the respondents-accused. From the evidence of P.Ws.1 to 16, it is clear that in the alleged incident that took place on 22.05.2007, P.Ws.1 to 4 were beaten by the accused and they also beat the accused i.e., the respondents herein. Further, it is also clear that there are land disputes between the prosecution party and the accused party. It is pertinent to note that the accused i.e., the respondents herein relied on Exs.D-1 to D-6 to establish that they also gave a report to the Police against the prosecution party, alleging that they sustained injuries in the said incident, on the basis of which a crime was also registered. In a case of this nature, when there are injuries on both the groups, the prosecution has to come forward and establish that the accused are the aggressors and they are responsible for the said galata/fight. In the instant case, the prosecution failed to establish as to who are the aggressors. When it is not known as to who are the aggressors, the accused cannot be fastened with the criminal liability. Accordingly, I see no merits in the Criminal Appeal and the same is liable to be rejected. In the result, the Criminal Appeal is rejected, at the stage of admission and Crl.A.M.P.No.1738 of 2010 seeking leave of this Court to present this Criminal Appeal is dismissed ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 19th October 2010 dr