STATE OF ANDHRA PRADESH Vs. NAGULA SAILU

JUDGEMENT

(1.) This is an appeal preferred by the State against the judgment, dated 17.03.2008 passed in Special S.C.No.5 of 2007 on the file of the Special Judge under the SCs and STs (POA) Act-cum-I-Additional Sessions Judge, Adilabad, acquitting the respondent/accused for the offences punishable under Section 307 of I.P.C. and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The case of the prosecution is that on 04.04.2005 at about 5.00 P.M., when P.W.1-R.Madhav Rao was in the house of P.W.3- K.Shankar, the respondent/accused came to the house of P.W.3 and tried to kill P.W.1 with the help of an axe and when P.W.3 and P.W.4-Korla Rukma Bai tried to rescue P.W.1 from the hands of the respondent/accused, he took out a knife, threatened P.W.1 to kill and abused him in filthy language by referring his case.

(3.) On appearance of the accused, charges under Section 307 of I.P.C. and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act came to be framed against him, read over and explained to him, to which he pleaded not guilty and claimed to be tried.