HAJI PASHA Vs. STATE OF A. P.

JUDGEMENT

(1.) This Criminal Appeal, under Section 374 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the appellant/accused aggrieved by the judgment, dated 06.03.2009, passed in S.C.No.255 of 2008 by the learned VII Additional Metropolitan Sessions Judge, Hyderabad, whereby and whereunder, the appellant/accused was sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.500/-, in default to suffer simple imprisonment for one month for the offence under Section 325 of IPC.

(2.) Heard the learned counsel for the appellant/accused, the learned Additional Public Prosecutor representing the respondent/State and perused the record.

(3.) Learned counsel for the appellant/accused would contend that the findings of the trial Court are contrary to law and facts of the case. The trial Court erroneously convicted the accused for the offence under Section 325 of IPC. Identification of the appellant/accused is not established. There is no explanation for the delay in lodging the FIR. The prosecution has not examined independent witnesses in this case. The seizure of blood stained earth is not proved. The blood stained earth was seized by the investigating officer. The recovery of M.O.1 cricket bat is doubtful. The prosecution failed to prove the guilt of the accused beyond all reasonable doubt and ultimately, prayed to acquit the accused for the offence under Section 325 of IPC.