KAVITI MOHAN RAO Vs. KILLI RAJA MOHANA RAO

JUDGEMENT

(1.) This Criminal Revision Case is filed against the Judgment of acquittal, dated 29.09.2007 passed in Sessions Case No.48 of 2004 on the file of the Court of the learned II Additional District & Sessions Judge (FTC), Srikakulam.

(2.) Brief facts of the case are that the prosecution witnesses and all the accused are residents of Ponduru Village and Mandal of Srikakulam District. There was a dispute with regard to vacant site along with a house, in which, Accused No.1 was running a hotel. Originally, P.W.5 is the owner of the said house. Though, P.W.5 was the owner of the said house, Accused No.1 has been in possession and enjoyment of the same since long time and there are some misunderstandings between them with regard to the disputed house. P.W.5 sold the said house to the wife of P.W.1 and executed a registered sale deed in her favour. On account of which, differences arose between P.Ws.1 & 5 and Accused No.1. Consequently, Accused No.1 filed a suit in O.S.59 of 2002 against the wife of P.Ws.1 and 5. While so, on 30.10.2002 at about 11.00 pm., P.W.1 along with his followers i.e., P.Ws.2 & 3 and the deceased went to the said house and some altercation took place between them, finally, they evicted Accused No.1 from the said house. Thereafter, on the intervening night of 30/31.10.2002, at about 1.00 a.m., all the accused went to the disputed premises and attacked P.Ws.1, 2 and deceased with weapons, thereby caused injuries to them. On that, at about 5.30 a.m., P.Ws.1 & 2 went to the Ponduru police station and lodged Ex.P1 report before them. Basing on that, police registered a case in Cr.No.66 of 2002 for the offences under section 147, 148, 326, 324, 448, 379 r/w 149 of Indian Penal Code,1860 ("for short IPC") and investigated into. Later, on the information furnished by P.W.6, about the finding of dead body in the bushes, P.W.10 altered the Section of Law by adding Section 302 IPC. After completion of investigation, P.W.12 filed charge sheet.

(3.) In support of its case, the prosecution examined P.Ws.1 to 12 and marked Ex.P1 to P43, M.Os.1 to 10. On defence side, Exs.D1 to D10 have been marked.