PITCHAVADHANULU Vs. STATE OF A P

JUDGEMENT

(1.) THE petitioner herein sole accused was tried by the learned Assistant Sessions Judge, Addanki, in S. C. No. 330 of 1997, for the offence punishable under Section 307,I. P. C. During the course of trial, on behalf of the prosecution, P. Ws. 1 to 9 were examined and Exs. P. 1 to P. 8 and M. Os. 1 to 3 were marked. On behalf of defence, no witnesses were examined, but Exs. D.1 to D.6 were marked. On a careful consideration of both oral and documentary evidence, the learned Assistant Sessions Judge came to the conclusion that the petitioner is guilty of the said offence, and accordingly, convicted and sentenced him to undergo rigorous imprisonment for a period of five years and also to pay a fine of Rs. 10,000/-, in default, to undergo simple imprisonment for a period of eight months and directed that out of the fine amount, an amount of Rs. 3,000/- shall be paid as compensation to the injured- P. W. 1, by judgment dated 11-8-1998. Assailing the said judgment, the petitioner filed Cri. A. No. 69 of 1998 on the file of the V Addl. Sessions Judge, Ongole. THE learned Sessions Judge after perusing the material placed on record held that the petitioner is not guilty of the offence punishable under Section 307,I. P. C, but found him guilty of the offence punishable under Section 324,I. P. C, and accordingly, convicted and sentenced him to pay a fine of Rs. 1,000/-, by setting aside the conviction and sentence imposed by the trial Court, by judgment dated 31-10-2003. THE same is questioned in this revision.

(2.) FOR the purpose of convenience, the parties are referred to hereinafter as they were arrayed in S. C. No. 330 of 1997.

(3.) THE learned Addl. Public Prosecutor opposed the contentions put forth by the learned counsel for the petitioner and contended that the petitioner-accused attempted to kill P. W. 2 and when P. W. 1 intervened, he stabbed P. W. 1 with an intention to kill him. THE prosecution established the guilt of the petitioner-accused beyond all reasonable doubt.