JUDGMENT

Ch. S.R.K. Prasad, J.— The accused has preferred this appeal against the judgment of conviction and sentence of rigorous imprisonment for a period

of one year and imposition of fine of Rs. 5,000/- for the offence under Section 353, IPC, passed by the III Additional Metro-politan Sessions Judge-cum-Special Judge for trial of cases under the Essential Commodities Act in S.C. No. 516 of 1995.

2. The factual matrix that arises for consideration can be briefly stated as follows:

On the strength of the wireless message received on 10.8.1994 at about 2.15 a.m., the in­charge Assistant Sub-Inspector of Police, Chandrayangutta P.S. took the assistance of one Head Con-stable and three other police constables and rushed to the scene of offence at Barkas, and found that the accused and his associate by name Hasnu were attacking the victim by name Sirajul Hassan. In spite of warning to surrender, the accused did not surrender and attempted to attack the Assistant Sub-Inspector of Police and others. Therefore, the Assistant Sub-Inspector of Police fired two rounds aiming below the knees of the accused and then the accused had escaped from the scene of offence. On 5.9.1994 the accused wa