APHC010202002008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL APPEAL NO: 1413/2008 Between: 1. SHAIK NAZEER,, S/O. KHADAR MASTHAN, H.C.NO. 362,DUMMAGUDEM POLICE STATION, KHAMMAMD D ...APELLANT AND 1. THE STATE OF A P REP BY PP AND 3 OTEHRS, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD 2. SD HUSSAIN PC 3112, S/O. KHAIRATHI, THEN NARASARAOPET, RURAL POLICE STATION, GUNTUR DISTRICT. 3. SD KHAIRATHI, S/O. SUSSAIN, H.C.NO. 1483,RETIRED , R/O. POLICE QUARTERS, BEHIND TALUK OFFICER, GUNTUR. 4. SK HASSAN, S/O. MULLA DASTAGIRI @ PAPBUDA, R/O. KOMMURU, KAKUMANU MANDAL, GUNTUR DISTRICT. ...RESPODENT(S): Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to present the above Criminal appeal questioning the judgment in Sc.No. 229/2007 2 SS,J CRL.A.No.1413 of 2008 dt.03.07.2008 on the file of the court of the 1st Addl. Assistant Sessions Judge, Guntur IA NO: 1 OF 2008(CRLAMP 1661 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 file appeal questioning the judgment in Sc.No. 229/2007 dt.03.07.2008 on the file of the Court of the 1st Addl. Assistant Judge, Guntur, Guntur District Counsel for the Apellant: 1. KOPPARTHI SUMATHI Counsel for the Respodent(S): 1. SIVAPRASAD REDDY VENATI 2. PUBLIC PROSECUTOR (AP) The Court made the following: 3 SS,J CRL.A.No.1413 of 2008 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL APPEAL NO: 1413/2008 JUDGMENT: The Instant Criminal Appeal preferred against order dated 03.07.2008 passed in Sessions Case.No.229 of 2007 on the file of the learned I Additional Sessions Judge, Guntur. Respondent No. 2 to 4 are arrayed as accused in the private complaint filed by the petitioner for the alleged offence punishable under section 120(b), 307 r/w 149 of IPC in dealing with the said case. The learned Sessions Judge has examined six witnesses on behalf of the prosecution and eight documents were marked including private complaint and sworn statement of the complainant. 2. On verifying the evidences, the learned Court below is of opinion that the evidence of A1 and A2 though shown as accused, but the said evidence does not conspire any confidence of the Court. Moreover the injury reports was not connected with the alleged offence, moreover there are no ingredients to raise in presumption for the offence punishable under section 120(b), 307 r/w 149 of IPC. 4 SS,J CRL.A.No.1413 of 2008 3. Learned counsel for the petitioner submits that the instant case was filed on the fact that when the petitioner was proceeded to the office of the learned counsel, at that time the respondent No.2 to 4 has attacked him. Perused the evidences as recorded by the learned Trial Court and also peruse the observations, it appears that there are no merits to connect the evidences as well as the injury reports and wound certificate along with the present respondents, thus ingredients for the offence punishable under section 307 of IPC was not proved. In this case alleged wound certificates are not in connection with prosecution case, prosecution also failed to prove “intention” and “knowledge” of accused person in committing offence under section 307 of I.P.C. I find no merits to interfere, accordingly the instant Criminal Appeal is disposed of. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ___________________________ JUSTICE SUBHENDU SAMANTA Dated:20.07.2026 CMK Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 SS,J CRL.A.No.1413 of 2008 6 SS,J CRL.A.No.1413 of 2008 135 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL APPEAL NO: 1413/2008 Dated : 20.07.2026 CMK