PUBLIC PROSECUTOR Vs. ULLI YESU ALIAS YESUBABU

JUDGEMENT

(1.) THIS appeal, by the State, is directed against the judgment dated 13-5-2002 passed in S.C.No.77 of 2002 on the file of the Additional Assistant Sessions Judge, Rajahmundry, whereby and whereunder, the learned Additional Assistant Sessions Judge found accused Ulli Yesu @ Yesubabu not guilty for the offence under Section 307 IPC and acquitted him accordingly.

(2.) THE prosecution case, in brief, is:- Accused Ulli Yesu @ Yesubabu and P.W.1 Nallamsetti Venkataramana are residents of Burugupudi and they are neighbours to each other. P.W.2 Poleppali Ramarao is Sarpanch of Burugupudi village. He called the accused on 1-6-2001 to Srirama temple in connection with the boundary dispute between the accused and P.W.1. P.W.1 told P.W.2 that he would come for discussion in the afternoon of the next day. After so saying to P.W.2, he returned home, took carrier and came on road to board a bus. On the way to bus stop, the accused enquired him as to whether he met P.W.2-Polepalli Ramarao. P.W.1 replied the accused that he would meet the Sarpanch on the next day. While P.W.I was proceeding on road to board the bus, the accused followed him. In the meanwhile, the bus came and the driver of the bus stopped the bus and the conductor opened the door so as to allow the passengers to get into it. While P.W.I was boarding the bus, the accused hacked him with a long handle hook knife on the back of his head. P.W.1 fell on a cycle that the passing through, on receiving injuries. THEreupon, the accused hacked him on his arms with a knife. While P.W.1 was retrieving, another blow fell on him causing injuries to left middle finger. P.W.1 came to be shifted to Government General Hospital, Rajahmundry by P.W.2 P. Ramarao. P.W.7 Dr. Sudhakar medically examined P.W.1 in the causality ward of District Headquarters Hospital, Rajahumadry on 1-6-2001 at 11.05 A.M. He found the following injuries on his person:-

(3.) AN irregular laceration on the left, shoulder measuring 1/4" x 1/4" superficial, red and wet".