ORDER :

1. This is a Criminal Revision Case is filed on behalf of the petitioner, who was the appellant, questioning the judgment, dated 08.08.2008 in Criminal Appeal No. 71 of 2006, on the file of the III Additional Sessions Judge, Tirupati, where under the learned III Additional Sessions Judge, Tirupati, confirmed the conviction and sentence imposed against the petitioner in C.C. No. 227 of 2003, on the file of the Judicial Magistrate of First Class, Srikalahasthi, dated 22.03.2006.

2. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of the convenience.

3. The case of the prosecution in brief according to the charge sheet filed by the State, represented by the Sub-Inspector of Police, K.V.B. Puram Police Station, is as follows:

On 22.09.2002 at about 1-00 P.M. the Sub-Inspector of Police and staff of K.V.B. Puram Police Station, were conducting combing operation against the naxlities movement towards east side on forest area, near Brahmanalpalli Harijanawada. While so, at about 4-00 P.M. the Sub-Inspector of Police and staff heard fire arm firing sound and then they searched the area and found the accused in p