HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2293 OF 2004 JUDGMENT: The lower Court though charged the accused for offences under Sections 324, 326 and 307 I.P.C., ultimately after trial, convicted the accused under Section 324 I.P.C. and sentenced him to rigorous imprisonment of one year. It is stated that the accused suffered the said sentence of imprisonment. The State filed this appeal questioning the finding of the lower Court under Sections 326 and 307 I.P.C. It is alleged that the accused attacked PW.1 with knife as the girl who was scheduled to be married to him, married son of PW.1. In the attack, the accused caused bleeding and lengthy lacerated injuries on back, back of head and arms of PW.1. PW.9 who gave Ex.P14 – Wound Certificate did not certify whether the injuries were simple in nature or grievous in nature, as PW.1 left the hospital against medical advice. The Investigating Officer originally filed the charge sheet alleging offence under Section 324 I.P.C. only. Subsequently, when PW.8 who is brother of PW.1 furnished medical information regarding PW.1’s treatment in Apollo Hospital, Hyderabad, the Investigating Officer filed additional charge sheet in the lower Court alleging offences under Sections 326 and 307 I.P.C. also. The prosecution examined PW.11 who is the Doctor at Apollo Hospital, Hydearbad, and marked Ex.P16 – Medical Certificate. Exs.P2 to P5 are X- rays taken on PW.1 in that hospital. PW.11 is stated to be plastic surgeon in that hospital. The prosecution did not examine the Radiologist who took X-rays on PW.1 in that hospital and who gave opinion on X-rays of PW.1. Simply because a medical certificate is filed to the effect that there was fracture of a metacarpal bone of PW.1, the Court is not inclined to accept the said certificate without its proper proof by examining the expert who issued the said certificate and on whose information the said certificate was issued. Therefore, conviction of the accused for the offence under Section 326 I.P.C. is ruled out in this case, in the absence of proper medical evidence to prove the said fact. Further, in case the accused intended to kill PW.1, nothing prevented him to do so and there were no circumstances which intervened him from accomplishing the said object. From the evidence on record and the circumstances the lower Court rightly came to the conclusion that intention of the accused was to cause some injuries to PW.1. There are absolutely no circumstances to find the accused/respondent guilty under Sections 326 and 307 I.P.C. Accordingly, the appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J December 28, 2011 MD HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2293 OF 2004 December 28, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDRABAD Dated: 28.12.2011 PRESENT THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2293 OF 2004 Between: The Public Prosecutor ..... APPELLANT AND Samanthapudi Venkateswarlu ....RESPONDENT The Court made the following: