K RAMBABU Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 8-4-1999 passed in S.C.No. 108 of 1998 on the file of the Metropolitan Sessions Judge, Hyderabad whereby and where under the learned Metropolitan Sessiions Judge found A-l- K.Rambabu guilty for the offence undeir Section 307 I.P.C. and convicted him accordingly and scntcncol him to suffer Rigorous Imprisonment for four years.

(2.) The prosecution version as unfolded during trial is as follows: A-l-K. Rambabu, A-2-K. Raju @ Rajan, A-3-K.Naga Raju ae the sons of A-4-K.Ratnam. PW-1 and PW-3 are brothers-in-law of PW-2. There was a dispute between the accused and PW-1 in respect of open site lying between their houses. On the night of 26-6-1997 the accused were consuming liquor in the open site adjacent lo the house of PW-1 for which PW-1 raised objection. Thereupon the accused abused PW-1 in filthy language and pushed him away. When PW-1 told A.-2 that it was not fair on their part to drink at that place. It is alleged that A-2 pushed him and stabbed him with a knife. PW-1 andl one Douglas prevented A- 2. Then A-l. pushed him and brought a knife and stabbed PW-2 on the abdomen. It is further alleged that the accused pelted stones on PW-2 and others. PW-2 on receiving injuries became xinconscious. He was shifted to the Osmania Geneal Hospital for treatment. PW-8-Dr. A.K.Saxena examined PW-2 on the same night at about 10-25 and found the following injuries.

(3.) The learned Magistrate took the: charge sheet on file as P.R.C.No.l of 1998 and 'committed the case to the Metropolitan Sessions Division, Hyderabad a the offence under section 307 is exclusively triable by a Court o:" Sessions. The learned Sessions Judge took the case on file as S.C.No.108 of 1998.