JUDGEMENT
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(1.)THIS appeal, by the State, is directed against the judgment dated 13-5-2002 passed in S.C.No.77 of 2002 on the file of the Additional Assistant Sessions Judge, Rajahmundry, whereby and whereunder, the learned Additional Assistant Sessions Judge found accused Ulli Yesu @ Yesubabu not guilty for the offence under Section 307 IPC and acquitted him accordingly.
(2.)THE prosecution case, in brief, is:- Accused Ulli Yesu @ Yesubabu and P.W.1 Nallamsetti Venkataramana are residents of Burugupudi and they are neighbours to each other. P.W.2 Poleppali Ramarao is Sarpanch of Burugupudi village. He called the accused on 1-6-2001 to Srirama temple in connection with the boundary dispute between the accused and P.W.1. P.W.1 told P.W.2 that he would come for discussion in the afternoon of the next day. After so saying to P.W.2, he returned home, took carrier and came on road to board a bus. On the way to bus stop, the accused enquired him as to whether he met P.W.2-Polepalli Ramarao. P.W.1 replied the accused that he would meet the Sarpanch on the next day. While P.W.I was proceeding on road to board the bus, the accused followed him. In the meanwhile, the bus came and the driver of the bus stopped the bus and the conductor opened the door so as to allow the passengers to get into it. While P.W.I was boarding the bus, the accused hacked him with a long handle hook knife on the back of his head. P.W.1 fell on a cycle that the passing through, on receiving injuries. THEreupon, the accused hacked him on his arms with a knife. While P.W.1 was retrieving, another blow fell on him causing injuries to left middle finger. P.W.1 came to be shifted to Government General Hospital, Rajahmundry by P.W.2 P. Ramarao. P.W.7 Dr. Sudhakar medically examined P.W.1 in the causality ward of District Headquarters Hospital, Rajahumadry on 1-6-2001 at 11.05 A.M. He found the following injuries on his person:-
1. A laceration across the back of the neck measuing 6" x 1/2" x 1/2" red in colour and wet. 2. An irregular laceration on the left middle finger at middle and distal phalanz measuring 11/2" x 3/4" with 3/4 detachment of distal phalanz, red in colour and wet.
An irregular abrasion on the right upper arm on the outer side measuring 1/2" x 3/4" superficially placed, red in colour and wet.
An irregular laceration below the left eye measuring 1/2" x 1/4" x 1/6" red in colour and wet.
(3.)AN irregular laceration on the left, shoulder measuring 1/4" x 1/4" superficial, red and wet".
3. P.W.7 sent Ex.P-9 Hospital intimation to the police with regard to admission of P.W.I in the hospital with injuries. Ex.P-10 is the wound certificate issued by him. P.W.9 - V.S.S. Narayana Murthy, Head Constable in Police Outpost, Rajahmundry received Ex.P-9 intimation from the Medical Officer and rushed to the causality ward and recorded the statement of P.W.I Ex.P-1 is the statement of P.W.1 recorded by him. He sent Exs.P-1 statement of P.W.1 and Ex.P-9 hospital intimation to the S.H.O., Korukonda P.S. P.W.10-M. Venkateswararao, S.I. of Police, Korukonda P.S., received Exs.P-1 and P-9 and registered a case in Crime No.36 of 2001 for the offence under Section 307 IPC and issued Ex.P-11 F.I.R. He Inspected the scene and prepared Ex.P-6 observation report and Ex.P-12 rough sketch of the scene in the presence of P.W.6-ANadasu Venkata Surya Narayana Murthy and L.W.-12-Nanduri Subramanya Markandeyulu. While observing the scene, he affected seizure of blood stained earth, control earth, steel carrier and a plastic cove (Mos 2 to 4). He examined P.Ws.2 to 5 and recorded their statements under Section 161 Cr.P.C. He visited Government General Hospital, Rajahmundry and recorded the statement of P.W.1 and seized blood-stained clothes, which have been exhibited as M.Os.5 and 6. He arrested the accused on 2-6-2001 and interrogated him in the presence of P.W.6 and another. The accused made confession of the offence and produced M.O.l-weaponused in the commission of the offence and the same came to be seized under the cover of Ex.P-8 panchanama. P.W.10 sent M.O.I -weapon, bloodstained earth and bloodstained clothes to F.S.L., Visakhapatnam. Ex.P-13 is thereport sent by F.S.L., Visakhapatnam. After completing the investigation, he laid a charge sheet in the Court of III Additional Judicial First Class Magistrate, Rajahmundry. 4. The learned Magistrate took the charge sheet on file as P.R.C.No. 36 of 2001 and committed the case to the Sessions Division, East Godavari at Rajahmundry as the offence under Section 307 IPC is exclusively triable by Court of Session. The learned Sessions Judge, Rajahmundry took the case on file as S.C.No. 77 of 2002 and made over the same to the Additional Assistant Sessions Judge, Rajahmundry for disposal according to law. 5. On appearance of the accused and on hearing the prosecution and the accused, the learned Additional Assistant Sessions Judge framed a charge under Section 307 IPC, read over and explained to the accused, for which he pleaded not guilty and claimed to be tried.
To bring home the guilt of the accused for the offence with which he stood charged, prosecution examined 10 witnesses and proved 13 documents and exhibited 6 material objects. The learned Additional Assistant Sessions Judge, on appreciation of the evidence brought on record and on hearing the prosecution and the accused, found the accused not guilty for the offence under Section 307 IPC and acquitted him accordingly, by judgment dated 13-5-2002. Hence, this appeal by the State.
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