HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.732 OF 2004 Dated 23-6-2010 Between: Boddepalli Saraswathi. …Petitioner. And: Pilla Jaganmohana Rao @ Jagan @ Tirupathirao and others. . …Respondents. HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.732 OF 2004 ORDER: Aggrieved by the judgment passed on 12-1-2004 in Sessions Case No.43 of 2001 by the learned 2nd Additional Sessions Judge, (FTC) Srikakulam, the present revision is preferred by the petitioner. Petitioner herein is the defacto complainant and respondents 1 to 9 are A.1 to A.9 before the Court below. Even though the case is posted to today under the caption ‘for dismissal’, no representation is made on behalf of the petitioner. The case is taken up and disposed of on merits. The case of the prosecution in brief is as follows: On 8-8-2000 at about 1.30 P.M., at Kottakota junction, all the accused assaulted the deceased Ramulu with knifes and acid bottle and caused his instantaneous death. In this connection, the S.H.O of Sarubujjili police station registered a case in Cr.No.55 of 2000 for the offence Sections 302 or 302 read with 34 I.P.C. and 302 read with 120- B I.P.C. After completion of investigation, the police filed a charge sheet and the same was numbered as P.R.C.No.2 of 2001 on the file of Judicial Magistrate of First Class, Amadalavalasa. On committal to the Sessions Court, the same was taken on file as S.C.No.43 of 2001 by the 2nd Additional Sessions Judge, (FTC) Srikakulam. On behalf of the petitioner, P.Ws.1 to 33 were examined Exs.P.1 to P.65 were marked. On behalf of defence, no oral evidence is adduced. But, Exs.D.1 to D 4 were marked. M.Os.1 to 16 were marked. The Court below having observed that the prosecution has failed to prove the guilt of the accused, acquitted the respondents 1 to 9- accused for the charges framed against them. Aggrieved by the same, the present revision has been carried before this Court by the petitioner-complainant. Heard the learned Public Prosecutor and the learned counsel for the respondents. This Court perused the entire record and also the judgment of the lower Court. The learned Sessions Judge considering the evidence on record in a proper perspective acquitted the accused and therefore, there is no perversity in the findings arrived at by the learned Sessions Judge. Apart from that, it is well settled that when two views are possible from the evidence adduced by the prosecution and if one view is in favour of the accused, the accused can be acquitted and the revisional Court need not interfere with the said findings. In view of the said legal position, this court is of the view that there is no necessity to interfere with the order of acquittal passed by the learned Sessions Judge. Hence, the revision fails and the same is liable to be dismissed. Accordingly, this Criminal Revision Case is dismissed. _______________________ Justice RAJA ELANGO Dated 23-6-2010 Dvs HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.732 OF 2004 Dated 23-6-2010