NAMANA VENKATA SIVA NARAYANA Vs. NAMANA SEETHARAVAMMA

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, the CrPC) by the petitioner/PW2, who is the Son of the deceased, is directed against the judgment of acquittal dated 05.02.2008 passed by the learned V Additional Sessions Judge (Judge, Fast Track Court), Guntur in S.C.No.329/2007.

(2.) THE Sub -Divisional Police Officer, Bapatla laid a charge sheet against the accused 1 to 4 before the learned II Additional Munsif Magistrate, Bapatla in a case in Crime No.43/2005 of Bapatla Taluk Police Station for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short, the IPC). The learned Magistrate having taken the case on file as P.R.C.No.14/2006 had committed the case to the Court of Session, Sessions Division, Guntur as the offences are exclusively triable by the Court of Session. The case was made over to the Additional Sessions Court. The charge under Section 302 read with 34 of the IPC was framed against the accused 1 to 4 and they were tried before the Additional Sessions Court for the said offences. Before the trial Court, PWs 1 to 13 were examined and exhibits P1 to P13 were marked. On merits, the trial Court found the accused not guilty of the offence with which they are charged and acquitted them under Section 235(1) of the CrPC. The aggrieved PW2, who is the Son of the deceased, therefore, had preferred this Criminal Revision Case.

(3.) I have heard the submissions of the learned counsel for the petitioner/PW2, the learned counsel for the accused/respondents 1 to 4 and the learned Additional Public Prosecutor representing the 5th respondent/State. I have carefully perused the material record.