The State Of A.P., vs T.Yellappa
2021 Latest Caselaw 1271 Tel

           THE HONOURABLE JUSTICE G.SRI DEVI

                      CRL.A.No.1101 of 2009

JUDGMENT:

This appeal is directed against the judgment of acquittal

dated 26.10.2007 recorded by the III-Additional District and

Sessions Judge (Fast Track Court), Mahabubnagar at Gadwal,

against the respondents/accused in CRL.A.No.143 of 2006 for

the offences punishable under Sections 324 and 325 read with

Section 34 of I.P.C. The appellant is the State.

The case of the prosecution is that the fishermen of

Kondair Village and Jinkalapally are having societies

separately. Jinkalapally is hamlet of Kondair Village. The

residents of Jinkalapally were not included in the society of

Kondair Village Fishermen. There are two tanks called as

Pedda Cheruvu and Lachamma Cheruvu and the Kondair

society fishermen were enjoying fishing in the said tanks since

long time. The fishermen of Jinkalapally requested the

President of Kondair society to include at least 20 persons of

Jinkalapally in the Kondair society, but he did not consider the

same. On 08.05.2003 at about 10.00 hours when the accused

were fishing in Lachamma tank, P.Ws.2, 5, 6, 11, 15 to 17 and

others went to them and asked A-1 to give share to them in

both the ponds for fishing, for which the accused denied and

subsequently the accused formed into an unlawful assembly,

armed with sticks, picked up a quarrel with them and also

caused injuries to P.Ws.2 to 19. On receipt of the complaint

from P.W.1, the Sub Inspector of Police, registered a case in

Crime No.28 of 2003 and during the course of investigation,

examined and recorded the statements of the witnesses, got the

injured persons medical treatment, visited the scene of offence,

conducted panchanama in the presence of the mediators and

obtained the wound certificates and after completion of

investigation and collecting all the material papers, the Sub

Inspector of Police, filed charge sheet, which was taken on file

as C.C.No.151 of 2004 on the file of the Judicial Magistrate of

First Class, Alampur.

Since the accused have denied the charges framed by the

trial Court, the prosecution has examined P.Ws.1 to 22 and got

marked Exs.P1 to P23 to prove the guilt of the accused. No oral

evidence has been adduced on behalf of the accused, but

Exs.D1 to D-27 have been marked.

On considering the entire material available on record,

the trial Court, vide judgment in C.C.No.151 of 2004, dated

23.10.2006, found A-1, A-3, A-7 and A-8 guilty of the offences

punishable under Sections 324 read with 34 I.P.C and

accordingly convicted and sentenced to suffer simple

imprisonment for one year and to pay fine of rs.500/- each, in

default, to suffer simple imprisonment for three months and

further A-1, A-3 and A-8 were found guilty of the offence

punishable under Section 325 read with 34 of I.P.C. and

accordingly convicted and sentenced to suffer simple

imprisonment for two years and to pay fine of Rs.1000/-, in

default, to suffer simple imprisonment for six months.

Aggrieved by the said judgment, A-1, A-3, A-7 and A-8

preferred Crl.A.No.143 of 2006 and that the III-Additional

District and Sessions Judge (Fast Track Court), Mahabubnagar

at Gadwal, by judgment, dated 26.10.2007, after re-appreciating

the entire material on record, acquitted A-1, A-3, A-7 and A-8

for the offences with which they were charged, as he found that

the prosecution failed to establish their guilt beyond all

reasonable doubt. Against the said judgment of acquittal, the

State preferred the present appeal.

Heard learned Assistant Public Prosecutor for the

appellant and the learned Counsel for the respondents.

I have gone through the evidence and the judgments of

the Court below. Almost all the prosecution witnesses have

deposed in one voice that on 08.05.2003 when they went to

Lachamma cheruvu, all the accused were fishing in the tank

and that the accused assaulted them with sticks and stones.

The individual overt acts of the accused were not mentioned in

Ex.P1. The trial Court has not considered Exs.D1 to D-27,

portion of 161 Cr.P.C. statements of P.Ws.1 to 17, which clearly

speaks that P.Ws.1 to 17 have not furnished the names of all the

45 accused in their statements recorded by the police under

Section 161 of Cr.P.C. and if all the 45 accused have attacked at

a time, it could not be possible for witnesses to speak the

individual overt acts of the accused or the place of injuries

sustained by the other injured and as such the lower appellate

Court has rightly held that non-consideration of Exs.D1 to D-27

by the trial Court has caused prejudice to the accused. Further,

P.W.10, Salamma in her cross-examination admitted that they

filed the case to get a share in the society of the accused.

Therefore, the lower appellate Court has rightly pointed out

that the evidence of the prosecution is not free from suspicion

and the same was comprising of omissions and improvements

and it does not inspire confidence to accept its case against the

respondents/accused in the alleged incident and it is a fit case

where benefit of doubt shall be extended to them.

Having considered the submissions of the learned

Assistant Public Prosecutor and the learned Counsel for the

respondents/accused and after perusing the judgment of the

appellate Court, this Court is of the view that the appellate

Court is justified in recording the acquittal, as nothing is

pointed out to interfere with the judgment of the appellate

Court. The appellate Court discussed the entire evidence in

detail and came to a correct conclusion that the

respondents/accused were not guilty of the offences with

which they were charged. The evidence let in by the

prosecution does not inspire confidence to prove the guilt of the

respondents/accused and the appellate Court has given

sufficient and cogent reasons in acquitting the

respondents/accused. I find no reason or justification to

interfere with the judgment of the appellate Court.

The Criminal Appeal is accordingly dismissed.

____________________ JUSTICE G.SRI DEVI

20-04-2021 gkv/Gsn.