BHOOTATI KONDA MURUGADU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner was convicted for the offence under S. 332, IPC and sentenced to undergo rigorous imprisonment for a period of six months in C.C. No. 292 of 1989 on the file of the II Addl. Judl. Magistrate of First Class, Tirupati. The appeal filed by him in C.A. No. 25 of 1992 on the file of the Addl. Sessions Judge, Tirupati, proved to be unsuccessful. This revision is filed seeking to revise the judgment of the appellate Court.

(2.) The case of prosecution was that PW 1 is a Head Constable and PW 2 is a Police Constable of Tirupati Control Room. When they were in the Control Room, PW 4, who is S.H.O. and Head Constable attached to East Police Station, Tirupati, asked them to trace the petitioner and another (hereinafter called the accused), who were concerned in a cognizable offence and bring them. PW 3 was the defacto complainant, at whose instance the crime was registered. Accordingly PWs 1 and 2, along with PW 3 went in search of the accused. On seeing the accused, PWs 1 to 3 told them that their presence was required by PW 4 in a case booked against them. Since accused refused to come along with them, PW. 1 told the accused that if they did not accompany, they would have to take them by force to the police station. So saying PW 1 caught hold of the petitioner's left hand. Thereupon the petitioner stabbed him on his buttock with a broken soda bottle causing bleeding injury and thus both the accused escaped.

(3.) The trial Court relying upon the evidence of PWs 1 to 6, convicted the petitioner and sentenced as stated above. A-2 was acquitted. The appellate Court, on a re-appraisal of the entire evidence of PWs 1 to 6 found that the petitioner was responsible for causing injury on PW 1, accordingly confirmed the conviction and sentence imposed upon the petitioner.