Prosecution must prove guilt beyond reasonable doubt; significant contradictions in witness testimony can invalidate a case leading to acquittal.

JUDGMENT :
Dr. SHAMEEM AKTHER, J.

This criminal appeal, under Section 372 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the appellant/de facto complainant, aggrieved by the judgment, dated 13.12.2012, passed in SC No.22 of 2012 by the Special Judge for trial of offences under SCs & STs (POA) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad, whereby, the respondent Nos.3 to 5 herein/A1 to A3 were found not guilty of the offences under Sections 323 and 307 read with 34 of IPC and were acquitted under Section 235(1) of Cr.P.C.

2. We have heard the submissions of Mr. Prabhakar Sripada, learned Counsel for the appellant/de facto complainant, Sri C. Pratap Reddy, learned Public Prosecutor appearing for respondent Nos.1 and 2/State, Mr. M.S. Rao, learned Counsel for the respondent Nos.3 to 5/A1 to A3 and perused the record.

3. The case of the prosecution, in brief, is as follows :

On 21.12.2010 at about 01:30 hours, PW1-M. Rupa went to Gandhinagar Police Station and lodged Ex.P1 complaint stating that A1 to A3 were residing at Flat No.204, Pushpavathy Residency, New Bhoiguda, are her tenants. They are due by Rs.42,000/- to her mother towards rents. On 20.12.2010, at about 18:50 hours, the complainant (PW1) and her brothers Pavan Kumar (PW3) and Krishna Kumar (PW2) went to A1 to A3 for asking rents. On that, A2 suddenly started abusing PW1 in filthy language and slapped PW1. A3 showed a knife to PW3 and said "Niku ennisarlu cheppalira, malli vachava, mi anthu chustanu (vernacular)" and threw the knife at PW3 and punched PW3 on his face, due to which, PW3 lost his tooth and was bleeding profusely. Then, A3 punched PW1 in her stomach. When PW2 intervened, A1 and A3, saying the words "Na daggara rent adagoddu (vernacular)" dragged PW2 catching his hair and banged his head to the railing and punched him on his face due to which, PW2 sustained severe head injuries on his hand, nose, ear and vomited blood. Then, A2 started shouting "Villanu vadalaku, kottu, champeyyi (vernacular)". Then, A3 again gave severe blows to PW2 due to which, PW2 lost his conscious. A1 to A3 pushed PW3 downstairs and A1 said "Edivaraku echina dase saripoleda (vernacular)". On seeking PW2 unconscious, PW1 started shouting for help and A1 to A3 ran away from the scene. Earlier also, A1 to A3 threatened PWs.1 to 3 several times, and requested to take legal action against A1 to A3.

4. On receipt of Ex.P1-complaint, PW6-Sub-Inspector of Police, Gandhinagar Police Station, registered a case in Crime No.478 of 2010 of the offences under Sections 323 and 307 read with 34 of IPC and issued Ex.P4-FIR and handed over the CD file to PW7-Sub-Inspector of Police. PW7 examined and recorded the statements of PW1, visited the scene of offence, drew rough sketch under Ex.P5 in the presence of PW5 and another, seized MOs.1 to 4-four stone pieces under Ex.P2-Seizure Report in the presence of PW5 and another, proceeded to hospital and seized MO5-pant, MO6-Jacket and MO7-Orange lining half shirt of PW2 under Ex.P3-Seizure Report in the presence of PW5 and another, examined and recorded the statements of PWs.3 and 4 and LW5 on the same day, examined and recorded the statements of PW2 on the third day of the incident, as he was unconscious, apprehended A1 and sent him to judicial remand. After completion of investigation, LW13-Y. Swarajya Laxmi, Sub-Inspector of Police, laid charge-sheet before the X Additional Chief Metropolitan Magistrate at Secunderabad, against A1 to A3 of the offences punishable under Sections 323 and 307 read with 34 of IPC.

5. The Magis