STATE OF KARNATAKA Vs. SYED WASEEM

JUDGEMENT

(1.) Heard Sri. K.S. Abhijith, learned Government Pleader on admission of this appeal.

(2.) The respondents are accused 1,5 and 6 in S.C.No.160/2010 on the file of VII Addl. District and Sessions Judge, Bengaluru Rural District. They faced trial for the offences punishable under Sec. 353 , 332 and 307 r/w 34 IPC along with accused 2 and 4 who had absconded. Upon appreciation of evidence the trial court recorded conviction of respondents for the offences punishable under Sec. 353 and 332 r/w 34 IPC , but acquitted them of the offence under Sec. 307 IPC.

(3.) Though the learned Government Pleader argues that the eye witnesses have supported the prosecution and that the respondents including the absconding accused had clear intention of making an attempt on the lives of PW.15 and 19, it is to be stated that the wound certificates produced by the prosecution do not disclose injuries which were likely to cause the death of PW.15 and 19. According to Ex.P.64, the wound certificate of PW.15, there were two injuries viz., scratch abrasion 0.5 cm x 0.5 cm over the right side of the nose and a lacerated wound 1 cm x 1 cm over right great toe. The wound certificate of PW.19 shows that he suffered a cut wound measuring 2 x 1 cm over right wrist anterior. The wound certificates themselves speak that the offence punishable under sec. 307 IPC is not attracted. The State has preferred this appeal for not convicting the respondents for the offence under Sec. 307 IPC. We are convinced that the trial court has rightly come to conclusion that the prosecution failed to establish the offence punishable under Sec. 307 IPC. We do not find any good ground to admit this appeal. Therefore appeal is dismissed.