Nimmala Nageswara Rao vs The State Of A.P. 2 Others
2022 Latest Caselaw 1950 AP

        HON'BLE SRI JUSTICE K.SURESH REDDY

                     CRL.R.C.50 OF 2008

ORDER:-

     Questioning the judgment of acquittal passed by the

Additional Judicial First Class Magistrate, Tadepalligudem, dated

26-10-2007 in C.C.No.373 of 2002, the defacto complainant filed

the present Criminal Revision Case before this Court.


2.   Heard both sides.


3.   The brief facts of the case are as follows:-

     On 31-12-2001 at about 6.00 P.M Accused No.1 armed

with a crow bar and Accused No.2 armed with an iron rod,

attacked Pw.1 and caused injuries to Pw.1, due to boundary

dispute between Pw.1 and accused. Later, on the report given by

Pw.1, police registered a case in Cr.No.55 of 2001 of Nidamarru

Police station for the offence punishable under Sections.324, 326

r/w.34 IPC. After completion of investigation, the police filed

charge sheet.

4.   The case was taken on file as C.C.No.373 of 2002 on the

file of the Court of Additional Judicial First Class Magistrate,

Tadepalligudem. After completion of trial, the learned Magistrate

acquitted the accused. Aggrieved by the same, the present

Criminal Revision Case is filed by the defacto complainant.


5.   This Court perused the entire evidence on record. The

prosecution examined injured person as Pw.1 and to corroborate

the version of Pw.1, Pws.2 to 6 were examined as eye witnesses.

But, all the eye witnesses did not support the case of the
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prosecution. As such, except the evidence of Pw.1, there is no

other evidence to connect the accused with the charges leveled

against them. In that view of the matter, this court has no

hesitation to come to a conclusion that prosecution miserably

failed to prove the guilt of the respondents/accused beyond all

reasonable doubt. Therefore, the Criminal Revision Case is liable

to be dismissed.

6. Accordingly, the Criminal Revision Case is dismissed

confirming the judgment of acquittal dated 26-10-2007 in

C.C.No.373 of 2002 passed by the Additional Judicial First Class

Magistrate, Tadepalligudem.

Miscellaneous Petitions pending, if any, shall stand closed

in consequence.

__________________ K.SURESH REDDY,J 21-04-2022.

TSNR