HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.948 OF 2009
JUDGMENT:
1. This Criminal Appeal is filed by the appellant/Accused aggrieved by the conviction recorded by the IV Additional Metropolitan Sessions Judge, Hyderabad, in S.C.No.495 of 2008, dated 31.07.2009, convicting the accused for the offences punishable under Section 307 of Indian Penal Code and sentence of Rigorous Imprisonment for a period of five (05) years and a fine of Rs.500/-. Aggrieved by the said conviction he filed the present appeal.
2. The case of the prosecution is that PW1 is the wife of the appellant. On the date of incident, the appellant in a drunken state stabbed PW1 on her forehead in order to kill her.
3. The evidence of PW4 goes to show that there was one abrasion on the left side of forehead. The Accident register- Ex.P2 which is the medical record of PW1 shows that there was no bone injury and the injury received PW1 is simple in nature.
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4. Even accepting the evidence of PW1 who is the wife of the appellant, the case is one of the inflicting simple injury on her head in a drunken condition.
5. In the said circumstances of the case, when a simple injury which is caused on the left side of the forehead of PW1, it cannot be inferred that the appellant has intention to kill PW1.
6. For the aforesaid reasons, the offence under Section 307 of Indian Penal code is not made out. However, the appellant is convicted for the offence under Section 323 of IPC and sentenced to imprisonment to the period already undergone.
7. Accordingly, the Criminal Appeal is partly allowed.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date:23.08.2022 tk 3 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.948 OF 2009 Dated: 23.08.2022 tk