APHC010406282008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL APPEAL NO: 450/2008 Between: 1. CHELIKANI JYOTI, W/O KRISHNARAO, CULTIVATION NOW R/O THANA STREET, RAJAM, SARADHI PANCHAYAT AT LIMITS, RAJAM MANDALAM, RAJAM P.S. LIMITS, ...APELLANT AND 1. THE STATE OF A P 18 OTHERS, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD. 2. CHELIKANI MOHANARAO, S/O LATE APPARAO, R/O THANA STREET, RAJAM, SARADHI PANCHAYAT AT LIMITS, RAJAM MANDALAM, RAJAM P.S. LIMITS, 3. CHELIKANI KRISHNA, S/O JANARDHANARAO, R/O THANA STREET, RAJAM, SARADHI PANCHAYAT AT LIMITS, RAJAM MANDALAM, RAJAM P.S. LIMITS, 4. LOPINTI RAMARAO, S/O PEDA RAMAYYA, R/O BODDURU, SANTHAKAVITI MANDALAM, SRIKAKULAM DIST., SANTHAKAVITI P.S. LIMITS. 5. LOPINITI CHINA NARASAYYA, S/O GAVARAYYA, R/O BODDURU, SANTHAKAVITI MANDALAM, SRIKAKULAM DIST., SANTHAKAVITI P.S. LIMITS. 6. LOPINI THRINADHA, S/O GAVARAYYA, R/O BODDURU, SANTHAKAVITI MANDALAM, SRIKAKULAM DIST., SANTHAKAVITI 2 P.S. LIMITS. 7. KUMILI APPANNA, S/O VENKATAPPAYYA, R/O BODDURU, SANTHAKAVITI MANDALAM, SRIKAKULAM DIST., SANTHAKAVITI P.S. LIMITS. 8. JERRI RAMUDU DIED, HYDERABAD 9. BUDUMURU RAMUDU, S/O PADDIYYA, R/O BODDURU, SANTHAKAVITI MANDALAM, SRIKAKULAM DIST., SANTHAKAVITI P.S. LIMITS. 10. VALTHETI LAKSHMANA DIED, VIJAYANAGAR COLONY GROUP OF TEMPLE, HYDERABAD 11. SAKETI RAMUDU, S/O APPAYYA, R/O BODDURU, SANTHAKAVITI MANDALAM, SRIKAKULAM DIST., SANTHAKAVITI P.S. LIMITS. 12. SAKETI APPADU, S/O ASIRAYYA, R/O BODDURU, SANTHAKAVITI MANDALAM, SRIKAKULAM DIST., SANTHAKAVITI P.S. LIMITS. 13. SAKETI GANGAYYA, S/O ASIRAYYA, R/O BODDURU, SANTHAKAVITI MANDALAM, SRIKAKULAM DIST., SANTHAKAVITI P.S. LIMITS. 14. YELAGADA THAVUDU, S/O SARIVIYYA, R/O BODDURU, SANTHAKAVITI MANDALAM, SRIKAKULAM DIST., SANTHAKAVITI P.S. LIMITS. 15. CHALLA RAMU, S/O DALAYYA, R/O BODDURU, SANTHAKAVITI MANDALAM, SRIKAKULAM DIST., SANTHAKAVITI P.S. LIMITS. 16. LOPINTI SRI RAMULU, S/O CHINA RAMAYYA, R/O BODDURU, SANTHAKAVITI MANDALAM, SRIKAKULAM DIST., SANTHAKAVITI P.S. LIMITS. 17. LOPINI DUSI RAMUDU, S/O LACHAYYA, R/O BODDURU, SANTHAKAVITI MANDALAM, SRIKAKULAM DIST., SANTHAKAVITI P.S. LIMITS. 18. JERRI ASIRAYYA, S/O MADALI, R/O BODDURU, SANTHAKAVITI MANDALAM, SRIKAKULAM DIST., SANTHAKAVITI P.S. LIMITS. 19. BUDUMURU SRINU, S/O RAMUDU, R/O BODDURU, SANTHAKAVITI MANDALAM, SRIKAKULAM DIST., SANTHAKAVITI 3 P.S. LIMITS. ...RESPODENT(S): Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to to prefer in this Hon'ble Court, this memorandum of Crl.A., aggrieved by the Judgment in C.C.No.223/2005, dated 08.02.08 of the Judl. I Class Magistrate, Rajam, whereby and whereunder the said Court was pleased to acquit the respondents for an offence U/s. 448, 427, 506 (1) r/w 34 I.P.C. IA NO: 1 OF 2008(CRLAMP 515 OF 2008 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to the appellant to prefer the present Crl.A., against the Judgment of the Judl. I Class Magistrate, Rajam in C.C.No.223/2005, acquit the respondents. Counsel for the Apellant: 1. S R SANKU AND KAVITI MURALI KRISHNA Counsel for the Respodent(S): 1. K PURUSHOTHAM 2. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER:- This Court on 22.07.2025 directed learned counsel for the appellant to take steps for filing LR petition by the next date of hearing. It seems that the appellant died on 27.01.2022. So far steps have not been taken to implead the LR’s of the appellant - complainant. It seems that earlier private complaint was filed against the accused persons for the offence under section…. and after considering the material on 4 record, the trial Court found the accused not guilty and acquitted the accused for the offence. Aggrieved by the said Order, the complainant preferred the present appeal but died on 27.01.2022. It seems that LR’s of the appellant are also not showing interest to prosecute the appeal. Heard learned Public Prosecutor. Perused the material on record. The trial Court has recorded reasons while acquitting the accused. The trial Court after considering the evidence of PW1 found that PW1 clearly disclosed that PW2 was not available at the scene of offence and she failed to prove the presence of PW2 at the scene of offence in her complaint. Therefore, the trial Court expressed doubt about the presence of PW2 at the scene of offence. The trial Court has concluded that the presence of PW2 at the scene of offence is doubtful and therefore has not given weight to the evidence of PW2. The trial Court has also observed that PW2 is an interested person to the complainant and there is every possibility to speak falsehood against the accused. The trial Court further recorded certain reasons at para No.10 and found that the evidence of PW1 to 3 is contrary to the averments mentioned in the 5 complaint and the presence of PW1 to 3 is also doubtful at the scene of offence. The trial Court also pointed out that son of PW1 was not examined to corroborate with the testimony of PW1 that he took photos of the scene of offence and by recording certain reasons, the trial Court observed that the photographs relied on by the complainant are not at all helpful to the case of the complainant. The Trial Court has also taken note that since the evidence of PW2 discloses that the alleged incident happened in a dark night and it is not possible to PW1 to identify the persons who are present there and she simply mentioned the names of the accused which were supplied by PW2 who is alleged to have observed the incident with a distance in a dark night. After recording evidence, the trial Court disbelieved the evidence on behalf of the complainant and accordingly acquitted the accused. On careful perusal of the record and on hearing learned Public Prosecutor, this Court finds no merit in the appeal. 4. The Criminal Revision Case is dismissed. Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed. ____________________________ JUSTICE T MALLIKARJUNA RAO Dated: 29.7.2025 6 TJN 7 169 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL APPEAL NO: 450/2008 Dated: 29.7.2025 TJN