HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.1043 OF 2009
JUDGMENT:
1. The appellant is convicted for the offence under Section 333 of IPC and sentenced to undergo rigorous imprisonment for a period of three years vide judgment in SC No.48 of 2009 dated 27.08.2009 passed by the VII Additional Metropolitan Sessions Judge, Hyderabad. Aggrieved by the same, present appeal is filed.
2. The case of the prosecution is that on 18.07.2007, when P.W.3 and others were on patrolling duty, within the limits of Police Station Asif Nagar, the appellant came on motor cycle. P.W.3 and others stopped the appellant and sought vehicle documents. Then the appellant took out knife from his back side and attacked P.W.3. Due to the said attack, P.W.3 received deep lacerated wound, which is grievous in nature and two simple injuries, which are abrasions on forehead and back side. P.Ws.1 and 2 are the other police constables who were on duty along with P.W.3. P.W.4 is the panch for 2 confession and seizure. P.W.5 is the Doctor, who sutured the incised would of P.W.3.
3. As seen from the evidence on record, the identity of the appellant is not in dispute and he was caught by P.W.13 while they were on patrolling duty under Police Station Asifnagar. P.W.3 injured, has specifically stated that it was the appellant who has taken out knife from his back pocket and inflicted injuries on his hand. Further, the appellant also fisted on forehead and ran away. Later, the appellant was apprehended on 12.08.2008 and identified by P.Ws.1 to 3 as the same person who had inflicted injuries with knife and assaulted P.W.3. Nothing is elicited in the cross-examination to discredit the evidence of P.Ws.1 to 3.
4. In the said circumstances, there are no grounds to interfere with the conviction recorded by the trial Court. However, since the incident happened 15 years ago, this Court deems it proper to reduce the sentence of imprisonment for a period of one year. The period of imprisonment undergone by the appellant shall be set off under Section 428 of Cr.P.C. 3
5. In the result, the Criminal Appeal is partly allowed. As a sequel thereto, miscellaneous applications, if any, shall stand closed.
__________________ K.SURENDER, J Date: 24.08.2022 kvs 4 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.1043 OF 2009 Date: 24.08.2022.
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