( 1 ) THIS Criminal Appeal is directed against the judgment dated 22-1-1999 passed in S. C. No. 136 of 1996 on the file of the assistant Sessions Judge, Medak whereby and where under the learned Assistant Sessions Judge found accused-Tatigari Durgaiah guilty of the offence punishable under Section 307 I. P. C. and convicted him accordingly and sentenced him to suffer Rigorous imprisonment for four years and to pay a fine of Rs. 300/- in default to suffer Rigorous Imprisonment for six months.

( 2 ) THE prosecution case in brief is :-PW-3-T. Ushaiah and accused-Tatigari Durgaiah are residents of Bacharam village. On 3-2-1995, PW-3 along with his brother PW-2 went to his field to graze cattle. The accused also came to the field along with cattle. The accused allowed his cattle to graze in the field of PW-3. Thereupon, PW-3 asked the accused to drive the cattle away from his field to avoid fight between his cattle and the cattle of the accused. The accused allegedly got annoyed and abused PW-3 in filthy language. He caught hold the collar of PW-3 and stabbed him with M. O. . 1-knife on left ribs. PW-1 who happened to be nearby the field came in rescue of PW-3 and prevented the accused from giving further blows. PW-2 also came in rescue of him and thereafter ran to the village to inform the incident to his parents. PW-1 shifted PW-3 to Papannapet Police station, where PW-1 presented Ex. P-l-report. LW-8-G. Anjaiah, head Constable, received Ex. P-1 report and registered a case in crime No. 10/95 under Section 307 I. P. C. and issued Ex. P-2-F. I. R. He examined PWs 1 and 2 and recorded their statements under section 161 Cr. P. C. He seot the injured-PW-3 to Government hospital for treatment. Thereafter, the injured-PW-3 was referred to Gandhi Hospital for further treatment. LW-8-G. Anjaiah inspected the scene in the presence of PW-4-Ch. Devaiah and PW-5-Machkuri Vittal. Ex. P-3 is the scene of offence panchanama. PW-6-B. V. Muralimanohar arrested the accused on 20-2-1995 and sent him for remand. PW-7-Dr. T. Sudershan Rao, Deputy Civil surgeon, Government Hospital, Medak medically examined PW-3 and noticed the following injury on his person. Incised wound over the left mid oxillery region x 1/4 communicating towards thoracic cavity. He classified the injury as simple in nature and issued Ex. P-4-wound certificate. After completing investigation, PW-6 laid charge sheet before the Judicial Magistrate of First Class, Jogipet.

( 3 ) THE learned Magistrate took the charge sheet on file-as p. R. C. No. 28 of 1995 and committed the case to the Sessions division, Sanga Reddy at Medak District.

( 4 ) LEARNED Sessions Judge took the case on file as S. C. No. 136 of 1996 and made over the same to the Assistant Sessions Judge at Medak for disposal according to law.

( 5 ) THE learned Assistant Sessions Judge, on hearing the prosecution and the accused, framed a charge under Section 307 i. P. C. , read over and explained the same to the accused, for which the accused pleaded not guilty and claimed to be tried.

( 6 ) TO bring home the guilt of the accused for the offence under section 307 I. P. C. , prosecution examined 7 witnesses and proved 4 documents and exhibited one material object. On behalf of the accused, he got marked contradiction in 161 Cr. P. C. Statement of pw-3 as Ex. D-l.

( 7 ) THE learned Assistant Sessions Judge, on appreciation of the evidence brought on record and on hearing the prosecution and the accused, found the accused guilty for the offence under Section 307 I. P. C. and convicted him accordingly and sentenced him to suffer Rigorous Imprisonment for four years and to pay a fine of rs. 300/- in default to suffer Rigorous Imprisonment for six months. Hence, this criminal appeal by the accused.

( 8 ) HEARD learned counsel appearing for the accused and learned Additional Public Prosecutor appearing for the State.

( 9 ) LEARNED counsel for the appellant-accused submits that even if the evidence of PW-3 is accepted, the

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