YENUGANTI TATA RAO Vs. STATE

JUDGEMENT

(1.) This revision petition is filed against so-called remand Judgment dated 28.06.2010 passed by the Principal Sessions Judge, Prakasam, Ongole setting aside order of acquittal passed by the Judicial Magistrate of the First Class, Kanigiri in C.C. No. 57 of 2003 directing the trial court for fresh disposal according to law, after framing separate charges against A-4 and A-5 instead of combined charge and permitting both the parties to lead further evidence if any.

(2.) In the trial court, A-1 to A-3 faced charges under Sections 406, 420, 471 and 120-B IPC and A-4 and A-5 faced charge under Section 468 IPC. It is alleged that A-1 to A-3 borrowed loan from Prakasam District Cooperative Central Bank Limited, Pambru to establish bricks units on the strength of fabricated pattadar pass book and fabricated title deed books Exs. P-6, P-12, P-13, P-29, P-30 and P-42 inspite of A-1 to A-3 not having any rights in the lands shown in those books and that A-4 as person in-charge of the bank gave 'no dues certificates' to A-1 to A-3 inspite of they being defaulters in Kodigumpala branch and that A-5 as Village Administrative Officer helped A-1 to A-3 in creating false Adangals, Pattadar Pass books and title deed books. After full trial, in which P.Ws.1 to 8 were examined and Exs. P-1 to P-43 were marked for the prosecution, the trial court found A-1 to A-5 not guilty of the charges and acquitted them.

(3.) In the appeal, the lower appellate court commented the trial court as follows: