The appellate court upholds the presumption of innocence, stating that without compelling grounds, it cannot overturn a trial court's acquittal based on a possible view of the evidence.

JUDGMENT:

Heard Sri C.P.Somayaji, learned Additional Public Prosecutor appearing for the appellant/State and Sri K.Satyanandam, learned counsel representing Sri T.V.Jaggi Reddy, learned counsel for the respondent/Accused.

2. The appeal is preferred by theState challenging the judgment dated 31.05.2007 delivered in S.C.329 of 2005 on the file of the learned Assistant Sessions Judge, East Godavari at Kothepeta.

3. The respondent herein is the Accused before the learned Assistant Sessions Court.

4. The trial Court found the respondent/accused not guilty for the charge U/secs.448 and 307 IPC . Accordingly, acquitted the accused U/s.235(1) Cr.P.C. Therefore, the appeal came to be preferred by the State.

5. For the sake of convenience, the parties hereinafter referred to as they were arraigned before the learned Assistant Sessions Court.

CASE OF THE PROSECUTION:

6. The case of the prosecution is that on 06.04.2005 at about 07.00 p.m. P.W-2 was alone present in the house. She heard calling bell ringing. She opened the door. Accused standing at the door beat her o head. She ran into house. Accused followed her. Again, beat her on head four times with a rod (M.O-1). Blood oozed from the injuries. Accused ran away. She made a phone call to her husband (P.W-1) intimating that she was beaten. Later she fell unconscious. P.W-1 immediately went to the house and found P.W-2 in unconscious condition. Immediately with the help of sons and father-in-law, shifted P.W-2 to the hospital of Dr.Jaya Sree in Ravulapalem. Later, P.W-1 along with P.W-3 and others went to police station. P.W-1 presented Ex.P-1 report to SI of Police. SI of Police registered the same as a case in Cr.No.24/2005 for the offence U/secs.448, 324 IPC at 08.00 p.m. vide Ex.P-10 FIR.

7. SI of Police visited Dr.Jaya Sree Hospital at Ravulapalem. P.W-2 was not in a position to make statement. He recorded statement of P.W-1 at Dr.Jaya Sree Hospital. Later, on 07.04.2005, he visited GSL Hospital at Rajanagaram, examined P.W-2 and recorded her statement in the presence of the doctor. He also examined P.W-3, P.W-6 and others and recorded their statements. He visited the house of P.W-1, collected mediators, observed the scene of offence under the cover of Ex.P-6 report, prepared a rough sketch under Ex.P-11. P.W-7 photographed the scene of offence at the request of P.W-10. Investigation Officer also examined P.W-7 and others at the scene of offence, recorded their statements. Basing on the investigation, took steps to alter the section of law from 324 IPC to 307 . Accordingly, he filed memo before the Court.

8. On 16.04.2005, on information, he proceeded to the Junior College Road, secured mediators. He arrested the accused and recorded his statement under Ex.P-7. Basing on the statement of accused, he recovered M.O-1 iron pipe at the irrigation canal in front of the house of P.W-1. He seized M.O-1 under the cover of Ex.P-8. Later, he received Ex.P-9 wound certificate issued by P.W-9, doctor, who examined P.W-2 at GSL Hospital. After conclusion of investigation, laid charge sheet before the Court.

9. The case was taken on file as PRC 39/2005 by the learned Magistrate. It was committed to the Court of Sessions, East Godavari Division at Rajahmundry. It was made over to the Assistant Sessions Judge, East Godavari at Kothapeta vide S.C.No.329/2005.

10. The learned Assistant Sessions Judge charged the accused for the offence U/secs.448 and 307 IPC . The accused pleaded not guilty and claims to be tried.

EVIDENCE FOR THE PROSECUTION

11. During trial, the prosecution examined PWs 1 to 10. During their evidence, filed Exs.P-1 to P-12 documents, apart from M.O-1 iron rod.

12. The accused was examined U/s.313 Cr.P.C.regarding the incriminating circumstances app