S CHARLES Vs. STATE OF A P

JUDGEMENT

(1.) The appellant is challenging the conviction under Section 307, IPC and sentence of imprisonment for 9 years and fine of Rs. 5,000/- in default to undergo simple imprisonment for 3 months in S.C.No. 409 of 1994 on the file of Principal Sessions Judge, Chittoor, dated 12-10-1995.

(2.) The appellant, according to the prosecution, is a resident of Chittoor and the victim A.V. Trinadhan is working as a Police Constable in Chittoor I Town P.S. On 12-10-1991 one Priya Sheelan, Jaya Sheelan and Zakria of Kongareddypalle allegedly murdered one person by name T.T. Ravi and they were convicted and sentenced to life imprisonment in S.C. 267 of 1992 on 13-5-1993 by the Sessions Judge, Chittoor. The aforesaid Trinadhan is the brother-in- law of T.T. Ravi and the appellant is a close relative and associate of the accused in that murder case. While so, on 30-9-1993 at about 5.20 a.m., Trinadhan was going on his cycle to his house for changing uniform for Parade and when he reached B.S. Kannan Government Junior College, the appellant and two other persons way laid him and assaulted him with a cable wire indiscriminately. Then the appellant picked up a foundation stone and attempted to throw it upon him and kill him. He was rescued by P. W.2 - Ranipeta Bhaskar, P. W.3- Lurthinathan and Dayalam. The appellant ran away after throwing the stone aside.

(3.) During the trial a charge under Section 307, IPC has been framed against him He pleaded not guilty and claimed to be tried. Thereupon the prosecution examined P.Ws. 1 to 6 and got Exs.P-1 to P-4 and M.O.1 marked. None is examined for the appellant.