IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.112 of 2006 DATE: 08.11.2011 Between: Mohammed Jani …… Appellant And The State of A.P. rep. by its Public Prosecutor, Hyderabad …..Respondent HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.112 OF 2006 JUDGMENT : The appellant/accused was convicted by the lower Court under Section 307 I.P.C and was sentenced to rigorous imprisonment of 4 years and fine of Rs.100; and was convicted under Section 324 I.P.C and was sentenced to rigorous imprisonment of one year. Both the sentences of imprisonment were ordered to run concurrently. 2) P.W-1 is butcher by profession. P.W-2 is worker in P.W-1’s butcher’s shop/beef shop at Sultan Nagar of Erragadda, Hyderabad. It is alleged that on 27.06.2003 the accused came to the shop of P.W-1 and stabbed P.W-2 on abdomen with knife and also caused cut injury to P.W-1 on left palm. Ex.P-2 is wound certificate of P.W-1. After the incident, P.W-1 went to Sanathnagar Police Station and gave Ex.P-1 report to P.W-6 who was the then Inspector of Police, Sanathnagar Police Station. P.W-6 registered case in Crime No.158/2003 and issued Ex.P-3 F.I.R. P.W-8 is the then Sub Inspector of Police, Sanathnagar Police Station who investigated into the case and filed charge sheet. Surgery was conducted on P.W-2 by P.W-9 who issued Ex.P-7 certificate. Ex.P-8 is case sheet relating to P.W-2. 3) It is contended by the appellant’s counsel that there is discrepancy in timing among the prosecution witnesses and documents and that there is also discrepancy in the place of offence and that the accused was falsely implicated in this case. 4) It is evidence of P.W-1 that the offence took place on 27.06.2003 at about 2.30 P.M when the accused came to his shop. He says that at that time he, P.W-5 and P.W-2 were in the shop and that the accused asked P.W-1 to come out of the shop and that when P.W-2 went towards the accused from the shop, the accused suddenly stabbed P.W-2 with knife on his abdomen and that on seeing the incident, he (P.W-1) immediately went to his rescue and that the accused attacked him also with the same knife on left dorsum of hand and he received injury. With regard to other evidence relating to charge under Section 385 I.P.C, the lower Court did not place any reliance. So, it is not necessary herein to go into details of the other aspects relating to the accused damaging glasses in the shop and taking away money from cash counter. It is contended by the appellant’s counsel that in Ex.P-1 time of offence is noted as 4.30 P.M and that presence of P.W-5 is not stated therein. Absence of mention of P.W-5’s name in Ex.P-1 is not material. Ex.P-1 is only a first information report and it need not contain each and every particulars of the crime and names of witnesses to the crime. P.W-2 gave time of offence as 10.00 A.M. It is his evidence that when he and P.W-1 were present in the shop, the accused called him to come out of the shop and when he came out of the shop, the accused stabbed him with knife on his abdomen and that P.W-1 came to his rescue and that the accused also attacked with the same knife on P.W-1’s left wrist and P.W-1 sustained bleeding injury. P.W-5 deposed that at about 2 or 2.30 P.M. the accused came to shop of P.W-1 and that the accused called P.W-2 from outside the shop and that P.W-2 went towards the accused and that both of them had some discussion and thereafter the accused stabbed P.W-2 and that when P.W-1 tried to rescue P.W-2, the accused also stabbed P.W-1. P.W- 5 did not give seat of injuries of P.Ws 1 and 2. But his evidence is to the effect that it was the accused who stabbed P.W-2 as well as P.W-1. P.W-5 in cross-examination deposed that there was no enemity between P.W-2 and the accused. In spite of it, after some discussion with P.W-2, the accused stabbed P.W-2 on his stomach. Evidence of P.Ws 1, 2 and 5 with regard to injuries sustained by P.Ws 1 and 2, is corroborated by medical evidence of P.W-4 and P.W-9 and Exs.P-2, P-7 and P-8. In my opinion it is immaterial whether the offence was committed inside P.W-1’s shop or in front of P.W-1’s shop. There is no total shifting of scene of offence in this case from one locality to another locality or from one centre to another centre. Even P.W-1 did not say that the accused stabbed P.W-2 inside the shop. According to P.W-1, the accused stabbed P.W-2 when P.W-2 was going towards him after the accused called P.W-2 to come out of the shop. There is no shifting of scene of offence in this case. 5) It is consistent evidence of P.Ws 1 and 5 that the offence took place around 2.30 P.M. P.W-2 being a rustic employee in butcher shop who is a marksman, one cannot expect him to give the timing in a meticulous fashion. It is not P.W-2’s evidence that the offence took place during night time. The offence took place during day time. P.W-1 is also a marksman. He asked some one else to prepare Ex.P-1. In Ex.P-1 time of offence is noted as 4.30 P.M. But by the time both the injured reached Gandhi Hospital, it was 6.00 P.M on the same day. Ex.P-1 was registered by the police at 5.00 P.M. In my opinion, discrepancy with regard to the persons who went to the police station is also immaterial. P.W-1 went to the police station and gave Ex.P-1 report to P.W-6. P.W-9 deposed that if surgery was not performed immediately, injury of P.W-2 would have lead to death of P.W-2 in the ordinary course of nature. The intervening factor was surgery conducted by P.W-9 and it saved life of P.W-2. Having regard to the said evidence on record, the lower Court rightly found the accused guilty under Section 307 I.P.C for causing injury to P.W-2 and under Section 324 I.P.C for causing injury to P.W-1. I do not find any valid or legal reasons to interfere with the said finding as to conviction of the accused in this appeal. The sentences of imprisonment awarded by the lower Court are also appropriate and reasonable. 4) In the result, the appeal is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J November 8, 2011 ksh