THE HONOURABLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1076 of 2002 JUDGMENT: This Criminal Appeal, filed under Section 374(2) of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) is directed against the judgment, dated 23.09.2002, passed by the II Additional Assistant Sessions Judge, Rangareddy District at L.B.Nagar, Hyderabad, in Sessions Case No.89 of 2001, whereunder and whereby A-1 and A-2 were found guilty of the offence punishable under Section 307 of the Indian Penal Code, 1860 (for short ‘I.P.C.’) and were sentenced to undergo rigorous imprisonment for seven years each and to pay a fine of Rs.1,000/- each, in default, to undergo simple imprisonment for two months each. The brief facts of the case that are necessary for disposal of this Criminal Appeal may be stated as under: - On 28.06.1988 while P.W-1, who was a Police Constable, was on traffic duty at IDPL Colony, Balanagar, from 8 am onwards, at about 11 am., A-1, A-2 and A-3 (Firoz) were going on a scooter bearing No.APB 8783 from Shapurnagar side to Balanagar side. P.W-1 tried to stop the scooter, but they went away without stopping the scooter by showing a knife. They also abused P.W-1 in vulgar language. P.W-1 took a lift from a passer-by and stopped A-1, A-2 and A-3 (Firoz) at Andhra Bank, Balanagar, then A-1 tried to stab P.W-1 with a knife in his stomach, but as P.W-1 put his left hand on the stomach, the blow fell on the left hand causing bleeding injury. Then, he snatched the knife from A-1 and caught hold of A-1 and A-2, then A-3 came there. Then A-2 stabbed P.W-1 with a knife in his stomach and A-3 beat P.W-1 on his head. After stabbing P.W-1, A-1 to A-3 ran away. In the meanwhile, the Assistant Sub-Inspector of Police came there and took P.W-1 to Gandhi Hospital, Hyderabad. The statement of P.W-1 was recorded by P.W-10 in Gandhi Hospital, Hyderabad, which is marked as Ex.P-1. P.W-10 recovered the knife-M.O-1 from the possession of P.W-1. He also seized the scooter bearing No.APB 8783 on 28.06.1988 from the possession of P.W-3, who is the owner of the said scooter, in the presence of mediators and recorded the statements of P.Ws.3 to 5. On 28.06.1988, P.W-9-doctor examined P.W-1 and issued wound certificate-Ex.P-11.P.W-9-doctor after giving initial treatment, referred P.W-1 to P.W-8, who treated P.W-1 on 28.06.1988 and opined that injury No.4 is grievous in nature and gave his opinion-Ex.P-10. A-1 to A-3 surrendered before the Court. After completion of the investigation, the Police filed the charge sheet. The case against A-3 was split up as he was found to be absconding. When charges under Sections 332 and 307 I.P.C. were framed against A-1 and A-2, read over and explained to them, they denied the offence, pleaded not guilty and claimed to be tried. In order to substantiate its case, the prosecution examined P.Ws.1 to 10 and got marked Exs.P-1 to P.11, besides case property, M.O-1-knife. On behalf of the accused, neither oral nor documentary evidence was adduced. The trial Court after considering the evidence on record, came to the conclusion that it is A-1 and A-2 who stabbed P.W-1 with a knife with an intention to kill him and therefore, they were found guilty of the offence punishable under Section 307 IPC and accordingly, convicted and sentenced them, as stated supra. However, they were acquitted of the charge under Section 332 IPC. Challenging the said conviction and sentence, the present appeal is filed. Now, the point for determination is whether the prosecution has proved its case beyond all reasonable doubt for the offence punishable under Section 307 IPC? Learned counsel appearing for the appellants- accused contended that the accused has no intention to cause the death of P.W-1; that there is no evidence to show that P.W-1 sustained grievous injuries; that none of the injuries sustained by P.W-1 would come in the clauses as mentioned in Section 320 I.P.C., hence, the accused cannot be found guilty of the offence under Section 307 I.P.C. He further contended that it is not known as to how the names of the accused have been mentioned in Ex.P-1 and as such, the identity of the accused is not established. On the other hand, learned counsel representing the learned Public Prosecutor appearing for the respondent- State contended that the evidence of P.W-1 is very clear to the effect that it is the accused who stabbed him on the date of occurrence; that the evidence of the doctor-P.W-8 would go to show that P.W-1 sustained grievous injury; that the trial Court after elaborate consideration of the evidence on record rightly convicted the accused for the offence punishable under Section 307 I.P.C., and hence, there are no grounds to interfere with the impugned judgment. To constitute an offence under Section 307 I.P.C., the evidence must disclose that the death of a human being was attempted or that the death was attempted to be caused by or in consequence of the act of the accused and such an act was done with an intention of causing death or that was done with an intention of causing such bodily injury as the accused knew that it is likely to cause death or that the accused had attempted to cause death by doing an act known to him to be so eminently dangerous that it must in all probability cause the death, the accused has no excuse for causing such death or injury. Therefore, to find a person guilty of the offence under Section 307 I.P.C., the actual injury on the victim may not be necessary. The intention or knowledge of the accused of the act done by him is necessary to attract Section 307 I.P.C. The entire case of the prosecution rests upon the evidence of P.W-1. When a case rests upon solitary testimony of a witness, it must be unimpeachable, trustworthy and reliable. When the evidence of P.W-1 is put in the category of wholly reliable, then there is no legal bar to maintain conviction even without any corroboration. The doctor-P.W-9, who examined P.W-1, found the following injuries on his person: - (1) An incised wound over the medical aspect of left forearm upper 1/3rd about 2 ½ inches x 1 inch into muscle deep. (2) An incised wound over dorsal aspect of left forearm 2 inch x ½ inch into muscle deep. (3) An incised wound about mid parito occipital region about 3 x ½ x ½. (4) An incised wound on left hypochondrium on mid clavicular line about 1” x ½ x omentum tag protruding out of the wound.” He issued Ex.P-11-wound certificate. He opined that all the injuries mentioned in Ex.P-11 would have been caused with a weapon like M.O.1. P.W-8-the doctor, who treated P.W-1, opined that injury No.4 is grievous in nature and the other injuries are simple in nature. His opinion is marked as Ex.P-10. According to this witness, P.W-1 was treated as an inpatient for a period of one week. Simply because the doctor has stated that a particular injury is grievous in nature, it need not be accepted as a gospel truth. His evidence has to be appreciated like that of the evidence of any other witness. What are grievous injuries have been enumerated under Section 320 IPC. As seen from the injuries mentioned in the wound certificate-Ex.P- 11, none of the injuries found on the person of P.W-1 does fall under any one of the grievous injuries mentioned in Section 320 IPC. Therefore, the evidence of P.W-8 that injury No.4 is a grievous injury need not be accepted. Even assuming for a moment that P.W-1 sustained simple injuries, it does not mean that those injuries are inflicted on the person of P.W-1 by the accused with an intention to kill him. It is sufficient that if the intention of the accused is to kill or that they have knowledge that their act would likely to cause death or that their acts are eminently dangerous that in all human probability, the death would be caused, then it would attract Section 307 I.P.C. Therefore, the crux of the offence under Section 307 I.P.C. is the intention or knowledge of the accused in doing an act. In the instant case, the accused had no prior acquaintance with P.W-1. There is no animosity between P.W-1 and the accused prior to the occurrence in question. The meeting of the accused with P.W-10 is a chance meeting. On the date of the occurrence, P.W-1 claims to be on traffic duty, when A-1 to A-3 were going on the road. When P.W-1 tried to stop them, they did not stop the scooter but went away showing the knife. In order to chase them, P.W-1 took the help of another person and caught hold of the accused near Andhra Bank, Balanagar, and at that time, it is alleged that A-1 to A-3 stabbed P.W-1 with knives. When P.W-1 stopped the scooter, they must have got annoyed and used some abusive language and that when P.W-1 chased them and stopped the scooter near Andhra Bank, Balanagar, the accused allegedly stabbed the deceased with knives. If the intention of the accused is to kill P.W-1, they would have repeated their blows with the knife, as a result P.W-1 would have sustained grievous injuries on the vital parts of the body. However, the injuries are not on vital parts of the body, except the injury on the abdomen. Even that injury was not shown to be a grievous injury. Therefore, from the evidence on record, it cannot be said that the accused had entertained an intention or knowledge to cause the death of P.W-1. It is one of the contentions of the learned counsel for the appellants-accused that the accused are strangers to P.W-1 and that a false case is foisted against them by mentioning their names in Ex.P-1. If the accused are strangers to P.W-1, and admittedly, there was no animosity between P.W-1 and the accused, there is no reason for P.W-1 to foist a false case against the accused. P.W-1 stated that while altercation was taking place, each one of the accused was called in his name. Therefore, he came to know the names of the accused and that since the altercation took place between the accused and P.W-1 for a considerable length of time, the physical features of the accused must have been imprinted in the mind of P.W-1 so as to recollect the same even after long lapse of time. Therefore, there is nothing unusual for P.W-1 in identifying A-1 and A-2 as the assailants, who stabbed him with knives. The trial Court after elaborate consideration of the evidence on record rightly found the accused to be assailants of P.W- 1. As already pointed out, there was no intention or knowledge on the part of the accused to commit the murder of P.W-1. At best, the offence falls under Section 324 IPC. Therefore, the conviction and sentence imposed on the accused by the trial Court for the offence punishable under Section 307 IPC are set aside. However, the accused are found guilty of the offence punishable under Section 324 IPC and accordingly, they are convicted and sentenced to undergo imprisonment which they have already undergone and to pay a fine of Rs.15,000/- each, in default to undergo simple imprisonment for four months each. Out of the fine amount, a sum of Rs.20,000/- shall be paid to P.W-1 towards compensation. Subject to the above modifications, the Criminal Appeal is dismissed. _____________________ JUSTICE K.C.BHANU 08th February 2010 dr