EDLA SRINIVAS Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner-appellant-accused against the judgment in Criminal Appeal No.52 of 2015 dtd. 16/2/2016 confirming the conviction and sentence recorded by the Assistant Sessions Judge, Manthani in Sessions Case No.652 of 2011 dtd. 5/6/2015 sentencing the petitioner to rigorous imprisonment for a period of two (02) years for the offence punishable under Sec. 307 of IPC and fine of Rs.2,000.00, in default of payment of fine to suffer imprisonment for a period of two (02) months and further sentencing the petitioner to undergo rigorous imprisonment for a period of six (06) months for the offence punishable under Sec. 324 of IPC and fine of Rs.500.00, in default of payment of fine to suffer imprisonment for a period of fifteen (15) days and both the sentences to run concurrently.

(2.) The case of the prosecution in brief was that the complainant was the brother of the injured and the accused was their agnate. The accused constructed a house under Indiramma Pathakam Scheme by encroaching into the land of the complainant. On that, the complainant approached the elders. As the accused had already constructed the house, the elders advised not to demolish the said house and asked both the parties not to quarrel with each other and to live amicably. Therefore, both the parties kept silent as per the advise of the elders. But, the accused tried to construct a compound wall by encroaching into the land of the complainant, on that the complainant raised objection. Keeping the same in mind, on 5/10/2011 at 5:00 PM when the brother of the complainant went to bore-well for collecting drinking water, the accused came from his behind and stabbed him on his back with an intention to kill him. When the injured raised hue and cry, the villagers came to the spot and rescued him. The knife stabbed by the accused was remained in the body of the injured. The complainant and other villagers took the injured to the Police Station and from there the injured was sent to the Government Hospital, Manthani. The Medical Officer gave first aid to the injured, removed the knife and forwarded it to the Police Station under a letter. The injured had taken further treatment at a private hospital in Karimnagar.

(3.) Basing on the complaint given by the brother of the injured, the Assistant Sub-Inspector of Police, Manthani registered a case in Crime No.148 of 2011 under Ss. 307 and 324 of IPC and issued FIR. He recorded the statements of the complainant and injured, visited the scene of offence and conducted the crime detail form in the presence of witnesses. He also secured the eye-witnesses and recorded their statements. The accused was apprehended on 7/10/2011 and produced before the court. After completing the investigation, charge-sheet was filed against the accused under Ss. 307 and 324 of IPC.