Mohd. Faisal Shah Ali Altaf, vs The State Of A.P.,
2022 Latest Caselaw 4265 Tel

             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

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.

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

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.1043 OF 2009

Date: 24.08.2022.

kvs