Terpol.Kumar, Medak District vs The State Of Ap,By Pp.,High Court, ...
2024 Latest Caselaw 3738 Tel

Telangana High Court

Terpol.Kumar, Medak District vs The State Of Ap,By Pp.,High Court, ... on 10 September, 2024

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      THE HONOURABLE SRI JUSTICE K.SURENDER
      CRIMINAL REVISION CASE No.2293 OF 2010
JUDGMENT:

This Criminal Revision Case is filed by the

petitioner/accused aggrieved by the judgment dated

29.11.2010 in Crl.A.No.55 of 2010, on the file of Principal

Sessions Judge at Sangareddy confirming the judgment dated

25.06.2010 in S.C.No.335 of 2009, on the file of Assistant

Sessions Judge, Sangareddy.

2. Heard the learned counsel for the revision petitioner and

the learned Assistant Public Prosecutor appearing for

respondent-State.

3. The revision petitioner was tried for the offence under

Section 307 of IPC by the Assistant Sessions Judge. Having

examined the witnesses P.Ws.1 to 12 and considering the

injuries that were received being simple in nature, learned trial

Judge found that the case was not made out under Section

307 of IPC, however, the accused was found guilty and

punished under Section 324 of IPC.

4. Briefly, the case against the accused is that P.W.2 is the

injured. The complaint was lodged by P.W.1, who is the wife

of P.W.2. P.Ws.1 and 2 are parents-in-law of accused. Prior

to the date of incident, the accused was harassing his

wife/P.W.3. He did not mend his ways. She went to a funeral

of her relatives and returned back to the house of P.Ws.1 and

2 around 8:30 p.m. Accused went there and demanded his

father-in-law/P.W.2 to send his wife/P.W.3, for which P.W.2

refused. Then accused left the house threatening them. After

half-an-hour, the accused came back with a knife and stabbed

P.W.2 causing injuries. P.Ws.1, 2 and 3 narrated regarding

the incident. Since the injuries that were sustained by P.W.2

were simple in nature, both the Courts below found that case

falls under Section 324 of IPC and not under Section 307 of

IPC.

5. From a reading of the record, it appears that there are

disputes in between the accused and P.Ws.2 and 3. Enraged

by the acts of in laws, not allowing the accused to take back

his wife to his house, the accused attacked P.W.2-his father in

law, however, simple injuries were caused.

6. The alleged incident happened pursuant to quarrel that

ensued in between P.Ws.1, 2 and 3 and the accused. Since

the incident is of the year, 2009 and nearly 15 years have

passed by, the sentence of imprisonment under Section 324 of

IPC is reduced to the period already undergone by the

accused.

7. Accordingly, the Criminal Revision Case is partly

allowed. Miscellaneous applications pending, if any, shall

stand closed.

_________________ K.SURENDER, J Date: 10.09.2024 dv