The main legal point established in the judgment is the reliance on consistent witness testimony, medical evidence, and lack of glaring inconsistency between ocular and medical evidence to determine the guilt of the accused under Section 324 of the Indian Penal Code.

ORDER :

This Criminal Revision Case is filed by the petitioner, who was the appellant in Criminal Appeal No.11 of 2008, on the file of VI Additional District and Sessions Judge (Fast Track Court), Markapur, Prakasam District (“Additional Sessions Judge” for short), challenging the judgment, dated 31.03.2009, whereunder the learned Additional Sessions Judge, dismissed the Criminal Appeal modifying the sentence of imprisonment imposed against the appellant before the Assistant Sessions Judge, Darsi in S.C.No.303 of2007 as that of Section 324 of Indian Penal Code (“I.P.C.” for short) from that of Section 307 of I.P.C. for causing injuries to P.W.1, as such, sentenced the appellant to suffer rigorous imprisonment for two years and to pay a fine of Rs.500/- in default to suffer simple imprisonment for three months and sustained the conviction and sentence imposed against the accused before the Court below under Section 324 of I.P.C. insofar as causing injuries to P.W.2 is concerned.

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

3. The Sessions Case No.303 of 2007, on the file of Assistant Sessions Judge, Darsi, arose out of a committal order, dated 20.04.2007 in P.R.C.No.5 of 2007 on the file of Judicial Magistrate of First Class, Darsi.

4. The Sub-Inspector of Police, Mundlamur Police Station, filed a charge sheet pertaining to Crime No.117 of 2006 of Mundlamur Police Station, alleging in substance that during night of 25.11.2006 at 8-00 p.m., the accused attacked L.W.1- Nallabothu Raja Kumari with a sickle and cut her neck and also beat her on right hand with that sickle and tried to kill her. In the meantime, L.W.2-Mannam Subbayamma came for rescue of the victim. Accused also beat her with a stick on her head and back indiscriminately and also tried to kill her, as L.W.1 supported the cause of L.W.2 when the dispute arose between L.W.2 and the accused. On 25.11.2006 midnight both the victims came to Mudlamur Police Station with bleeding injuries and L.W.1 presented a report to L.W.13-Sub Inspector of Police, Mudlamur Police Station. He registered the same as a case in Crime No.117 of 2006 under Sections 324 and 307 of I.P.C. and took up investigation. He examined the victims during the course of investigation. On 26.11.2006 he visited the scene of offence, drafted observation report and prepared rough sketch of the scene of offence in the presence of L.W.10-T. Sudhakar and L.W.11-Kalava Lingaiah, the panchayatdars. He further examined the prosecution witnesses and recorded their statements. He arrested the accused on 30.11.2006 and forwarded to Judicial Magistrate of First Class, Darsi for judicial remand. He interrogated the accused by taking him to police custody on 11.12.2006 and pursuant to the disclosure statement given by the accused, he seized the sickle and stick which were used at the time of commission of offence by the accused under the cover of mahazarnama in the presence of L.W.10 and L.W.11. Later, the accused was handed over to judicial custody. The Medical Officer- L.W.12 examined L.W.1 and L.W.2 and issued wound certificates stating that the injuries found on L.W.1 and L.W.2 were simple in nature and would have been caused by a blunt object. After completion of investigation, L.W.12 filed the charge.

5. The learned Judicial Magistrate of First Class, Darsi, took cognizance against the accused for the offences under Sections 324 and 307 of I.P.C. and after complying the provisions of Section 207 of Cr.P.C. with regard to furnishing of documents to the accused, committed the case to the Court of Sessions in P.R.C.No.5 of 2007. Thereupon, the case was assigned with the Sessions Case number and was made over to the Assistant Sessions Judge, Darsi, for disposal in accordance with law.

6. On appearance of the accused before the learned Assistant Sessions Judge, Darsi, charges under Section 324 of I.P.C. for causing injuries