G. SURESH Vs. STATE, STATION HOUSE OFFICER

JUDGEMENT

(1.) This Criminal Revision Case has been filed against the order of acquittal, in C.C.No.272 of 2005, dated 17.07.2008 by the Additional Judicial I Class Magistrate, Narsapur, West Godavari District.

(2.) The case of the prosecution is that on 31.03.2005 at about 1.30 pm., when LW.2 was going to his house, A.1 to A.3 restrained LW.2 and beat him black and blue with a wooden pestle causing bleeding injuries and fracture injuries. When the injured raised cries for help, LW.1 and LW.3 along with others rushed to the scene of offence and identified the accused, who left the area on seeing the people rushing to the scene of offence. Later, the injured was shifted to a hospital at Rajahmundry, where he was provided first aid treatment. A complaint was registered and investigation was taken up resulting in a charge under Section 326 read with Section 34 of IPC.

(3.) After due trial and after hearing both sides, the trial Judge went into the evidence produced in the course of trial and upon consideration of the said evidence, the trial Judge found inconsistencies and lacunae in the evidence, resulting in an acquittal of the accused. Aggrieved by the said order of acquittal, the present Criminal Revision Case has been filed before this Court by PW.1, who is the son of the injured person.