JUDGMENT

Vinod Chandran, J.

Sibling rivalry led to the allegation of attempted murder raised by the younger brother against the elder brother. The accused, two in number, the elder brother and his friend, were charged under Sections 341,326,307 r/w 34 IPC. The accused were acquitted by the learned Sessions Judge against which the appeal is filed by the injured victim. Sri R.Ranjith argued for the appellant and the Government was represented by the learned Public Prosecutor Sri.V.S.Sreejith. None appears for the accused respondents against whom service is complete.

2. Chandrappa and others v. State of Karnataka (2007 (4) SCC 415) restated the principles regarding the scope of the power of appellate Court to re-appreciate, review or reconsider evidence and interfere with an acquittal. The general principles were encapsulated in the following manner:

42. From the above decisions, in our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge:

(1) An appellate court has full power to review, re-

appreciate and reconsider the evidence upon which the order of acquittal is founded.

(2) The Code of