Salla Ramulu Ranga, vs The State Of Ap Rep By Its Pp Hyd.,
2022 Latest Caselaw 4247 Tel

           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.

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

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.948 OF 2009

Dated: 23.08.2022

tk