THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1291 of 2001 JUDGMENT: 1. This appeal, by the State, preferred against the judgment of acquittal dated 01.03.2000 in Sessions Case No.157 of 1999 on the file of the Assistant Sessions Judge, Tanuku, whereunder and whereby the respondents/A.1 to A.4 were acquitted of the offences punishable under Sections 395 and 412 I.P.C. 2. The appeal against respondents 2 and 4/A.2 and A.4 is dismissed as per the order dated 24.3.2009, as the appellant has not furnished their present address nor filed any proof to establish that the notice sent to them is served, in pursuance of the conditional order dated 23.9.2008. Therefore, the appeal is now confined to the case relating to respondents 1 and 3/A.1 and A.3. 3. The case of the prosecution is that, a dacoity was committed in the intervening night of 28/29.09.1997 at 0.40 hours in the house of P.W.1 and the assailants committed robbery of gold and silver ornaments. The learned Sessions Judge acquitted the accused as the prosecution failed to establish the charges levelled against them. 4. As seen from the evidence, some of the prosecution witnesses identified some of the accused in the test identification parade conducted by P.W.14-Magistrate. Similarly, the witnesses also identified the respondents 1 and 3/A.1 and A.3 as the persons who committed the robbery along with some other persons. Ex.P1 is the earliest report lodged by P.W.1 with police wherein it is categorically mentioned that the assailants were wearing masks at the time of committing the robbery. Therefore, there was no scope or possibility for the prosecution witnesses to identify any of the assailants. Even if the prosecution witnesses identified the assailants, the reasons therefor are obvious. It can be inferred that the accused were shown to the witnesses prior to holding of the test identification parade. 5. Coming to recovery of silver articles, admittedly the articles were seized from P.W.15. According to P.W.15, three persons came and gave six silver articles, but he has not identified any one of the accused, much less A.1 and A.3, as the persons who pledged those silver articles with him. Therefore, possession of theft articles with A.1 and A3 has not been established. Similarly, participation of the assailants in the commission of the offence is also not established. Entire evidence of prosecution witnesses with regard to the accused committing the robbery appears to be unbelievable in view of the fact that the assailants were wearing masks at the time of alleged incident. Considering these aspects, the trial Court rightly found the respondents 1 and 3/A.1 and A.3 not guilty of the charges framed against them. None of the findings is shown to be illegal or improper and there are no grounds to interfere with the impugned judgment. 6. The Criminal Appeal is devoid of merit and is, accordingly, dismissed. -------------------- (K.C.Bhanu, J.) 16.9.2009 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 1291 OF 2001 Date: 16.9.2009 Between: State of A.P., rep. by the Public Prosecutor, High Court of A.P., Hyderabad …Appellant and Nakka Ramu @ Ramakrishna & another …Respondents This Court made the following: