STATE OF A. P. Vs. T. YELLAPPA

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal dated 26.10.2007 recorded by the III-Additional District and Sessions Judge (Fast Track Court), Mahabubnagar at Gadwal, against the respondents/accused in CRL.A.No.143 of 2006 for the offences punishable under Sections 324 and 325 read with Section 34 of I.P.C. The appellant is the State.

(2.) The case of the prosecution is that the fishermen of Kondair Village and Jinkalapally are having societies separately. Jinkalapally is hamlet of Kondair Village. The residents of Jinkalapally were not included in the society of Kondair Village Fishermen. There are two tanks called as Pedda Cheruvu and Lachamma Cheruvu and the Kondair society fishermen were enjoying fishing in the said tanks since long time. The fishermen of Jinkalapally requested the President of Kondair society to include at least 20 persons of Jinkalapally in the Kondair society, but he did not consider the same. On 08.05.2003 at about 10.00 hours when the accused were fishing in Lachamma tank, P.Ws.2, 5, 6, 11, 15 to 17 and others went to them and asked A-1 to give share to them in both the ponds for fishing, for which the accused denied and subsequently the accused formed into an unlawful assembly, armed with sticks, picked up a quarrel with them and also caused injuries to P.Ws.2 to 19. On receipt of the complaint from P.W.1, the Sub Inspector of Police, registered a case in Crime No.28 of 2003 and during the course of investigation, examined and recorded the statements of the witnesses, got the injured persons medical treatment, visited the scene of offence, conducted panchanama in the presence of the mediators and obtained the wound certificates and after completion of investigation and collecting all the material papers, the Sub Inspector of Police, filed charge sheet, which was taken on file as C.C.No.151 of 2004 on the file of the Judicial Magistrate of First Class, Alampur.

(3.) Since the accused have denied the charges framed by the trial Court, the prosecution has examined P.Ws.1 to 22 and got marked Exs.P1 to P23 to prove the guilt of the accused. No oral evidence has been adduced on behalf of the accused, but Exs.D1 to D-27 have been marked.