J U D G M E N T:

This Criminal Appeal is preferred by appellant-

complainant under Section 378(3)&(1) of the Code of Criminal Procedure, (for short ‘Cr.P.C.,) aggrieved by the Judgment of Acquittal dated 29.10.2010 (impugned Judgment) passed in S.C.No.249 of 2009 by the learned II Additional Senior Civil Judge, Warangal (for short ‘learned trial Court’).

02. For the sake of convenience, hereinafter, the parties will be referred as per their array before the learned trial Court.

03. The brief facts of the case are as under:

Accused No.1 is uncle of PW1. Accused Nos.2 to 4 are sons of accused No.1. Accused Nos.5 to 7 are followers of accused No.1. All are residents of Kuntapally Village. PW1 belongs to Congress party and accused belongs to Telangana Rashtra Samithi party. About nine months ago, PW1 taken sheep cutting knife from accused No.1 and failed to return. About four months ago, sheep of accused No.1 was died and accused No.1 sent his son to PW1 for brining his knife. PW2-wife of PW1 gave two knives out of which one belongs to accused No.1. Upon which a quarrel took place between families of accused No.1 and PW1 and grudges developed between both families. Accused No.1 was waiting for an opportunity to take revenge against PW1. On 25.09.2008 at 22:00 hours when PW1 along with PW2 to PW4 and LW5-Merugu Rajitha were in his house, accused Nos.1 to 7 formed themselves into unlawful assembly and decided to do away with the life of PWI and his family members. In pursuance of their object, they armed with deadly weapons like Axe and stick, went to the house of PW1, pelted stones on the house. On hearing the voice of pelting of stones on his house, PW1 opened the door of the house, then Accused Nos.1 to 7 criminally trespassed into the house of PW1, forcibly dragged PW2 to PW4 out of the house and attacked them with Axe and sticks attempted to kill them. LW5-Merugu Rajitha, LW6-Nimmaboina lylaiah, LW7-Bonala Radhamma and PW5 rescued PW1 and PW2 from the clutches of accused. Due to attack of accused, PW1 and PW2 sustained severe bleeding injuries and PW4 sustained minor injuries. On 26.09.2009 at 0900 hours PW11-Investigating Officer registered a case in Crime No.106 of 2008 for the offences under Sections 148, 452, 324, 326 read with 149 of Indian Penal Code (for short ‘IPC’) and took up investigation. After completion of the investigation, the Police, Sangem filed charge sheet against accused Nos.1 to 7 for the said offences.

04. The learned trial Court framed charges for the offences under Sections 148, 452, 324, 326 read with 149 of IPC against the accused Nos.1 to 7 and they denied the said charges. During the course of trial, to prove the guilt of accused Nos.1 to 7, prosecution examined PW1 to PW11 and got marked Exs.P1 to P13 and MOs1 and 2. Exs.D1 to D4 are marked on behalf of accused. No oral evidence was adduced on behalf of accused.

05. After considering both oral and documentary evidence available on record and on hearing both sides, the learned trial Court acquitted accused Nos.1 to 7 by way of impugned Judgment. Aggrieved by the impugned Judgment, complainant has preferred this Criminal Appeal.

06. Heard learned Additional Public Prosecutor appearing for the State-appellant and Sri S. Satyam Reddy, learned counsel for respondent Nos.1 to 7.

Perused the record.

07. Learned Additional Public Prosecutor submitted that on the date of incident i.e., on 25.09.2008 accused have intentionally made an attempt to kill PW1 and his family members because of existing disputes with common object, common unlawful assembly and that prosecution has adduced oral and documentary evidence before the learned trial Court and that the learned trial Court failed to consider the oral and documentary evidence on proper perspective and acquitted accused for the charged offences and prayed to allow this Criminal Appeal by setting aside the impugned Judgment.

08. Learned counsel for respondent Nos.1 to 7-

accused submitted that the learned trial Court a