The judgment established that the evidence must prove the accused's intention or knowledge to commit murder for a conviction under Section 307 of I.P.C.

ORDER :

Challenging the judgment, dated 25.11.2009 in Sessions Case No.68 of 2006, on the file of Assistant Sessions Judge, Parvatipuram at Vizianagaram (“Assistant Sessions Judge” for short), the unsuccessful accused therein filed the present Criminal Appeal questioning the conviction and sentence imposed against him under Section 307 of the Indian Penal Code (“I.P.C.” for short).

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the Court below for the sake of the convenience.

3. The Sessions Case No.68 of 2006, on the file of Assistant Sessions Judge, Parvatipuram at Vizianagaram, arose out of a committal order in P.R.C.No.15 of 2006 of Judicial Magistrate of First Class, Vizianagaram, relating to Crime No.121 of 2005 of Bhogapuram Police Station.

4. The case of the prosecution according to the charge sheet filed by the Sub-Inspector of Police, Bhogapuram Police Station in Crime No.121 of 2005 of Bhogapuram Police Station is as follows:

(i) The accused is resident of Jeerupeta village, Bheemili Mandal of Vizianagaram District. During the night of 12.12.2005, the accused offered alcohol to L.W.1-Jeeru Gurumurthy @ Gurumurthy Reddy. During the night of 13.12.2005 at 8-00 p.m., when L.W.1 was present in the coconut tope of L.W.5-Jeeru Adayya, the accused approached L.W.1 and asked him to provide alcohol. L.W.1 informed him about his inability as he has no money. Then, a quarrel took place between L.W.1 and the accused and they rushed upon against each other armed with sticks. L.W.3-Jeeru Yerakayya, L.W.4-Lakkoji Appa Rao and L.W.5 intervened in the dispute as they were present by then. But, the accused went into the house of L.W.5, a carpenter by his caste profession and brought a Vuli knife and stabbed L.W.1 with the said knife in his stomach with a view to kill him in all of a sudden provocation, resulting of which, L.W.1 fell unconscious. Immediately, L.W.3 informed about the quarrel to L.W.2-Jeeru Srinu, L.W.6-Jeeru Narasimha Reddy and L.W.7-Jeeru Polayya and they rushed to the spot. L.W.6, the brother of the injured, took the injured in auto of L.W.8-Neelapu Yellayya Reddy to Abhaya Hospital, Visakhapatnam.

(ii) Basing on the report given by L.W.2, another brother of L.W.1 injured, L.W.14-Sub-Inspector of Police, Bhogapuram registered a case in Crime No.121 of 2005 under Section 307 of I.P.C. and investigated into. He inspected the scene of offence and examined the same in the presence of mediators i.e., L.W.9- Jeeru Gurumurthy and L.W.10-Jeeru Polayya. He seized two sticks, controlled and blood stained earth from the scene. He arrested the accused on 15.12.2005 in the presence of same mediators. The accused confessed about his commission of offence and produced Vuli knife which was used by him in committing the offence against L.W.1. L.W.14 seized the Vuli knife in the presence of the mediators under mahazarnama. During investigation he examined the injured after he regained consciousness in the hospital. He forwarded the material objects to L.W.13-N. Adinarayana, Assistant Director, R.F.S.L., Visakhapatnam, through the Office of the Sub Divisional Police Officer, Vizianagaram for its examination. L.W.11-Dr. K. Raja Sagar, Abhaya Hospital, Visakhapatnam, who treated the injured, issued wound certificate opining the injury sustained by L.W.1 is grievous in nature. L.W.13 conducted Biological and Serological examination to the material objects and opined that the human blood is detected on the material objects and that is of “A” group blood. Investigation disclosed that the accused committed the offence under Section 307 of I.P.C. Hence, the charge sheet.

5. The learned Judicial Magistrate of First Class, Vizianagaram, took cognizance of the case under Section 307 of I.P.C. On appearance of the accused and on complying the procedure under Section 207 of the Code of Criminal Procedure (“Cr.P.C.” for short) relating to supply of copies of documents, the learned Magistrate committed the case