An appellate court should not lightly interfere with an order of acquittal, even if it believes that there is some evidence pointing to the guilt of the accused.

JUDGMENT

(Per Hon’ble Sri Justice C.Praveen Kumar)

1. In-spite of service of notice on respondents, none appear on their behalf. Heard Sri. S. Dushyanth Reddy, learned Additional Public Prosecutor, through Blue Jeans video conferencing APP and with his consent, the appeal is disposed of.

2. Assailing the Judgment, dated 31.05.2011, passed in Sessions Case No. 212 of 2009 on the file of the Principal Sessions Judge, Kurnool, wherein, A1 and A2 were tried for an offence punishable under Section 302 I.P.C. and acquitted, the present Criminal Appeal is filed by the State.

3. A1 and A2, who are the son and father, came to know about the illegal intimacy of the deceased with PW3, who is the sister of A2. About four days prior to the incident, both the accused went to the house of PW1 [father of the deceased] and warned him to have control over his son.

4. On 22.01.2008, PW1, his wife [not examined] and the deceased slept in their house. While so, in the early hours around 3.00 A.M., PW1 noticed the deceased [son] and his cycle missing from the house. On suspicion, PW1 along with PW2 and others went to the house of PW3. They noticed PW3 with injuries and on enquiry, PW3 informed them that while the deceased was with PW3, A1 and A2 noticed it, beat PW3 and took away the deceased into the nearby bushes. Then PW1, PW2 and his wife went in search of the deceased. On the way, PW4 met them on the road and while talking with him, heard some cries from nearby bushes.

PW1 and PW2 claimed to have gone there and noticed A1 beating the deceased with the pestle, while A2 catching hold of the hands of the deceased. When PW1 and PW2 raised cries, A1 and A2 fled away leaving the deceased. PW1, PW2, PW4 and others found the deceased with several head injuries. At about 10.00 A.M., PW1 lodged an oral report, which was reduced into writing and the same came to be registered as a case in Crime No. 8 of 2008.

Ex.P11 is the First Information Report.

5. PW12 - the Sub-Inspector of Police, on receipt of a copy of Ex.P11 from PW10, took up investigation. He proceeded to the scene of offence, which is situated at the outskirts of Neelishikaripeta, Nandikotkur, and in the presence of PW11 conducted inquest over the dead body. Ex.P12 is the Inquest Report. During inquest, he examined PW1 to PW5 and PW9. He also got prepared a rough sketch of the scene, which is placed on record as Ex.P13. At the time of inquest, he seized M.O.1 to M.O.5, M.O.8 and M.O.9. After completing the inquest proceedings, the dead body was sent for postmortem examination.

6. PW8 the Medical Officer at Government Hospital, Nandikotkur, conducted autopsy over the dead body of the deceased and issued Ex.P9 - post-mortem examination report.

7. On 31.01.2008 at about 8.30 A.M., on reliable information, PW12 picked up PW6, PW7 and along with other staff reached Brahmamgari Mutt. On seeing the police, two persons tried to escape. The police apprehended the said persons, who disclosed their identity. In the presence of PW6 and PW7, he interrogated the said persons separately and both of them confessed about the commission of the offence. Pursuant to the confession made, blood stained clothes of A1 and A2 were discovered near Jammi Chettu. Further, the confession of the accused, lead them to discovery of an axe and pestle. A panchanama to that effect came to be prepared, which is marked as Ex.P19. M.O.6, M.O.10, M.O.11, M.O.12 and M.O.13 are the material objects produced by the accused, pursuant to their confession, which were seized under Ex.P20. After collecting all the necessary documents and the R.F.S.L., report, a charge-sheet came to be filed, which was taken on file as P.R.C. No. 21 of 2008 on the file of the Judicial Magistrate of First Class, Nandikotkur.

8. On appearance of the accused, copies of all documents as required under Section 207 Cr.P.C. came to be furnished. Since the offence is triable by a Court of Sessions, the same was committed to the Court of Sessions under Section 209 Cr.P.C.