K. RAJAMOHAN RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Revision Case is filed against the Judgment of acquittal, dated 29.09.2007 passed in C.C. No.1 of 2007 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 material 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, P.W.1 was running a hotel. Originally, one Ammadamma is the owner of the said house and she gave the said house to P.W.1, in which, he is running a hotel in the name and style of 'Hotel Ravi Krishna'. Subsequently, the said Ammadamma sold the house to the wife of Accused No.1 and executed a registered sale deed in her favour. While so, on 30.10.2002 at about 9.00 p.m., all the accused and the deceased Vallappa (deceased in Cr.No.66 of 2002) went to the said house and attacked P.W.1 and his family members and tried to evict them from the disputed house. On that, some altercation took place between both the parties and both of them received injuries. P.W.1 further alleged that the accused have also committed theft of some articles from their house. On that, P.W.1 went to the Ponduru police station and lodged Ex.P1 report before them. Basing on that, police registered a case in Cr.No.65 of 2002 for the offences under section 148, 448, 323, 324, 379 r/w 149 of Indian Penal Code,1860 ("for short IPC") and investigated into. After completion of investigation, P.W.14 filed charge sheet.

(3.) In support of its case, the prosecution examined P.Ws.1 to 14 and marked Ex.P1 to P21. On defence side, Exs.D1 to D24 have been marked.