NYAMATHABAD CHANDRASEKHAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is questioning the finding of guilt by the Assistant Sessions Judge, Bodhan, vide judgment in S.C.No.591 of 2001 dtd. 19/8/2003, which was confirmed by the V Additional Sessions Judge (Fast Track Court), Nizamabad, vide judgment in Criminal Appeal No.64 of 2003, dtd. 14/12/2006 for the offence under Sec. 307 of IPC.

(2.) The case of P.W.2/injured is that he was Butcher by profession. The Thimmapur Village Committee called him to sell Mutton and Chicken in their village and provided premises. Having agreed for the same, Rs.1,800.00 was paid to the Committee. Three days thereafter, the petitioner herein approached the committee people and offered Rs.5,000.00towards lease amount, but the Committee people refused. The petitioner was angry that his proposal was not accepted by the committee. The petitioner came back to the village and while P.W.2 was talking to the father of the petitioner, the petitioner took out knife from side pocket and stabbed five times in the stomach and chest, as a result of which PW2 sustained bleeding injuries and fell on the ground and became unconscious. He was taken to the hospital for treatment. Having received the complaint about the attack, police investigated and filed charge sheet for the offence under Sec. 307 of IPC.

(3.) Learned counsel for the petitioner submitted that the eye witness P.W.4 turned hostile to the prosecution case and on the basis of the sole testimony of P.W.2, conviction was recorded by the trial Court, which is erroneous. He relied on the judgment of this court in the case of Jonrolla Raju and another v. State of A.P 2004(3) ALD (NOC) 185. In the said judgment, the recovered weapon was not sent for chemical analysis to find out whether it contained human blood nor was shown to the Doctor for his opinion that such material object can cause injury which is found on the victim. In the said circumstances, the confession and the circumstantial evidence in the case could not be proved and conviction was set aside.