STATE OF KARNATAKA Vs. AJJU S/O HABEEB

JUDGEMENT

(1.) The judgment and order dated 8.9.2015 passed by the Sessions Court, Bengaluru in SC.No.879/2010 convicting the accused-respondent herein for the offence punishable under Section 324 of IPC and sentencing him to undergo imprisonment for one month seven days, is called in question in this appeal by the State. The State has preferred this appeal seeking conviction of the accused for the offence punishable under Section 307 of IPC. There is a delay of 75 days in filing the appeal. We have perused the evidence or record, copies of which are made available to us by the learned SPP. Heard the learned SPP

(2.) Case of the prosecution in brief is that the accused-respondent herein was having grudge against the victim as he had killed the brother of the accused; on the date of the incident, the accused waylaid the victim- PW.7 and stabbed him with an intention to commit his murder. The police after investigation laid the charge sheet for the offences punishable under Sections 307 and 341 of IPC.

(3.) In order to prove its case, the prosecution in all has examined 8 witnesses and got marked 9 Exhibits and 2 Material Objects. Relying upon the evidence of PW.7, the injured witness and PW.4 (eye witness), the trial Court convicted the accused for the offence punishable under Section 324 of IPC. While coming to the conclusion, the trial Court has evaluated the medical evidence, i.e., the wound certificate produced at Ex.P8. Since the wound certificate did not disclose any grievous injury, the trial Court has convicted the accused for the offence punishable under Section 324 of IPC.