THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.A.No.5 of 2006 JUDGMENT This appeal is directed against the judgment of acquittal dated 16.06.2003, passed by the learned Assistant Sessions Judge, Rajampet in S.C.No.303 of 2001. 2. The brief facts of the prosecution case are as follows: On 09.08.1999 at 4.20 AM., while P.W.1-de facto complainant and his family members were sleeping in their house at Arvapalli of Nandalur Mandal, five persons armed with iron rods, entered into the house and took away the gold ornaments from P.W.2-Gajjala Lalitha, Gajjala Meenakshamma and Boyala Gundla Jayabharathi and took away the gold chain and gold ring from P.W.1 and also the gold ornaments from the almirah along with the cash of Rs.4,000/- and fled away. On a complaint given by P.W.1, a case in Cr.No.39 of 1999 under Sections 395 and 506 IPC was registered. During investigation, gold ornaments were seized from the possession of A1. After completion of investigation, the police filed the charge sheet against A1 to A5. 3. The case against A1 was split up as PRC No.24 of 2001 and the case against A3 and A5 was split up as S.C.No.151 of 2002 and the trial Court proceeded against A2 and A4. During the course of trial, P.Ws.1 to 9 were examined and Exs.P1 to P7 and M.Os.1 to 4 were marked on behalf of the prosecution. No evidence was adduced and no document was marked on behalf of the defence. 4. The learned Sessions Judge after analyzing the entire evidence and the documents found A2 and A4 not guilty of the charges under Sections 395 and 506 IPC and acquitted them. Aggrieved by the same, the State preferred the present appeal. 5. Heard both sides and perused the material on record. 6. P.Ws.1 and 2 are the victims, P.Ws.3 and 4 are Village Assistant Officers of Nagireddypalli village and Rajampet respectively, for identification and seizure of the property from the accused. P.Ws.5 to 7 and 9 are the Investigating Officers and P.W.8 is the Judicial Magistrate of First Class, Rajampet, who conducted test identification parade under Ex.P.7. 7. P.Ws.1 and 2 have stated that the culprits robbed two gold chains, gold ring and balgles and other articles from their house, but they have not stated the number of persons entered into their house. Both the witnesses have not identified A2 and A4 in the test identification parade. The prosecution also failed to prove with regard to the recovery of property from A2 and A4 in this case. Since the identification of the accused and recovery of stolen property have not been proved by the prosecution, the trial Court found them not guilty of the charges framed against them. Therefore, this Court is of the view that the trial Court has appreciated the facts in proper perspective and there is no need to interfere with the judgment of acquittal. 8. Hence, the Criminal Appeal fails and is accordingly dismissed. Miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO 2nd July, 2013 sj