APHC010618062015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1718/2015 Between: 1. S.NOOR MAHAMMAD, ANANTAPUR AND ANR.,, S/O GHOUSE MOHINUDDIN SAB AGED ABOUT 25 YEARS, HOUSING BOARD COLONY, HINDUPUR TOWN, ANANTAPUR DISTRICT. 2. S.B.JABIULLA, S/O S.BASHEER SAB, AGE 24 YEARS, D.NO.12-2- 88, KOTA VEEDHI, HINDUPUR TOWN, ANANTAPUR DISTRICT. ...PETITIONER(S) AND 1. STATE OF AP REP PP, Rep by its Public Prosecutor, (A.P) High Court at Hyderabad through S.H.O Hindupur II town P.S., For the State of Telangana andthe State of A.P. ...RESPONDENT Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased toto allow the appeal and set aside the judgement passed by the Hon'ble Addl. Sessions Judge in Criminal Appeal No. 60 of 2015 dated; 20-08-2015 against the conviction and sentence passed in C.C. No. 272 of 2010 dated; 01-05-2015 on the file of Court of the Judicial First Class Magistrate, Hindupur and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case in the interests of justice. IA NO: 1 OF 2015(CRLRCMP 2726 OF 2015 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 suspend the conviction and sentence passed by the Hon'ble Addl. Sessions Judge in Criminal Appeal No. 60 of 2015 dated; 20-08-2015 confirming the -2- CRL.R.C. No.1718 of 2015 Date of order:02.01.2026 conviction and sentence passed in C.C. No. 272of 2010 dated; 1-05-2015 on the /file of Court of the Judicial First Class Magistrate, Hindupur and release on bail. Counsel for the Petitioner(S): 1. INENI VENKATA PRASAD Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) The Court made the following: -3- CRL.R.C. No.1718 of 2015 Date of order:02.01.2026 THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE No.1718 OF 2015 ORDER: 1. The instant criminal revision case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, has been filed against judgment, dated 20.08.2015, passed by the Additional Sessions Judge, Hindupur, in Criminal Appeal No.60 of 2015, whereby the learned Sessions Judge confirmed the judgment, dt.01.05.2015, passed by the learned Judicial Magistrate of First Class, Hindupur, in C.C. No.272 of 2010, convicting A.1 and A.2/ revision petitioners and sentenced them to undergo rigorous imprisonment for a period of one year by each accused for the offence punishable under section 324 of the Indian Penal Code, 1860 (for short ‘I.P.C.’) 2. Heard the learned Assistant Public Prosecutor appearing for the State. 3. The brief facts of the prosecution case are that, on 06.08.2010, A.1 and A.2 allegedly formed a group with a common intention, assaulted the de facto complainant with an iron pipe, and thereby caused bleeding injuries to him. Upon the information, the police at Hindupur II Town Police Station registered a case against A.1 and A.2/ revision petitioners under Sections 324 and 326 read with Section 34 of I.P.C. and filed a charge sheet before the Judicial Magistrate of First Class, Hindupur. The learned Trial Court has taken the cognizance of the -4- CRL.R.C. No.1718 of 2015 Date of order:02.01.2026 offence. The prosecution examined as many as 8 witnesses, marked documents as Exs.P.1-P.9; the iron pipe was marked as M.O.1. P.W.1 is the injured, P.Ws.2 and 3 are the brothers of the injured, P.W.4 has been cited as an ocular witness, P.Ws.5 and 6 are the mahazar witnesses and P.W.8 is the Medical Officer. On the basis of the documents and the evidence placed by the prosecution, the learned Trial Court held that the evidence of P.W.1 alone is sufficient to convict A.1 and A.2 for assaulting P.W.1 with an iron pipe and causing injury and thereby sentenced the A.1 and A.2/ revision petitioners to undergo rigorous imprisonment for a period of one year by each accused for the offence punishable under Section 324 of I.P.C. 4. On a perusal of the judgment passed by the learned Trial Court, it appears that P.W.1, being the injured, has supported the prosecution case. P.Ws.2 and 3, who are the brothers of the injured, were not present at the time of the incident, have only stated about the previous enmity between P.W.1 and A.1. Though P.W.4 was cited as an ocular witness, he did not support the prosecution case. The mahazar witnesses, who were examined as P.Ws.5 and 6, are also turned hostile. Surprisingly, the Medical Officer, who treated the injured, was cited as a listed witness for the prosecution, but another doctor was examined as P.W.8 and marked the wound certificate as Ex.P.9. 5. From the materials on record, it appears that the charge framed against A.1 and A.2/ revision petitioners has not been proved beyond -5- CRL.R.C. No.1718 of 2015 Date of order:02.01.2026 reasonable doubt by the prosecution. Further, P.W.4, who is the ocular witness, did not support the prosecution case, P.Ws.5 and 6, who are the mahazar witnesses, have turned hostile and the alleged injuries said to have been sustained by P.W.1 were not proved through medical evidence. The prosecution failed to establish the wound certificate, which further weakens its case. The prosecution miserably failed to prove the offence committed by A.1 and A2/ revision petitioners. There are several lacunae in the evidence of the prosecution, and hence, A.1 and A.2/ revision petitioners are entitled to the benefit of doubt. 6. Accordingly, the order of conviction recorded by the learned Trial Court in C.C. No.272 of 2010 and confirmed by the learned Appellate Court in Criminal Appeal No.60 of 2015 is hereby set aside. A.1 and A.2/ revision petitioners are acquitted of the charges framed against them. 7. In the result, the criminal revision case is allowed. 8. Miscellaneous petitions, if any, pending in this criminal revision case shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Dated:02.01.2026 BV