Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to present this memorandum of Crl.R.C., aggrieved by the Judgment and sentence of the VII Addl. District Judge (FTC), Visakhapatnam, dated 27-04-2009 passed in Crl.Appeal No. 24 of 2007, confirming the judgment and conviction of the Assistant Sessions Judge, Chodavaram in S.C. 97/2006, dated 13-06-2007.

IA NO: 1 OF 2009(CRLRCMP 1079 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the requirement of filing the certified copy of the judgment of the Assistant Sessions Judge, Chodavaram dated 13-06-2007 in S.C. 97 of 2006 for the present in the interest of justice.

IA NO: 2 OF 2009(CRLRCMP 1087 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enlarge him on bail by suspending the judgment and sentence of the VII Addl. District Judge (FTC), Visakhapatnam, dated 27-04-2009 passed in Crl.Appeal No. 24 of 2007, who confirmed the judgment and conviction of the Assistant Sessions Judge, Chodavaram dated 13-06-2007 in S.C. 97/2006 on such terms and conditions as deemed fit and proper in the circumstances of the case during the pendency of the above Crl.R.C.

The Court made the following:

ORDER:

1. The instant criminal revision case has been filed against the judgment, dated 27.04.2009, passed by learned VII Additional District Judge (Fast Track Court), Visakhapatnam, in Crl.A.No.24 of 2007, confirming the judgment of conviction and sentence, dated 13.06.2007, passed by learned Assistant Sessions Judge, Chodavaram, in S.C.No.97 of 2006.

2. The petitioner was arrayed as the sole accused in S.C. No.97 of 2006 for the offence punishable under Section 307 of the Indian Penal Code, 1860 (for short, ‘I.P.C.’). Upon conclusion of the trial, learned Assistant Sessions Judge convicted the petitioner and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000/-. On appeal, while confirming the conviction, learned appellate Court modified the sentence of imprisonment from five years to three years.Aggrieved thereby, the present criminal revision case has been filed.

3. PROSECUTION CASE, IN BRIEF:

3.1. P.W.2/ victim and the accused are residents of nearby houses in the same village. There had been frequent disputes between them. Earlier, a case was registered against the accused, wherein he was convicted and fined a sum of Rs.50/-, which allegedly created a grudge against P.W.2.

3.2. It is the further case of the prosecution that on 09.04.2005, at about4.00 p.m., the accused attacked P.W.2 with a knife, pushed him and inflicted as many as eleven knife blows on his neck with an intention to cause his death. P.W.2 sustained bleeding injuries and raised hue and cry for help. On hearing his cries, other witnesses and villagers rushed to the spot, whereupon the accused managed to escape from the scene.

3.3. A report was lodged with the police, on the basis of which a case was registered for the offence punishable under Section 307 IPC.

3.4. During the course of investigation, P.W.2 was examined by the doctor (P.W.11). After completion of investigation, a charge sheet was filed and, upon trial, learned Assistant Sessions Judge convicted the accused.

4. SUBMISSIONS OF LEARNED COUNSEL FOR THE PETITIONER:

4.1. Firstly, the injuries sustained by P.W.2 were admittedly simple in nature, there was no intention to kill P.W.2 and that due to sudden provocation such assault had caused. The essential ingredients constituting an offence under Section 307 of IPC has not been proved by the prosecution.

4.2. Secondly, it is submitted that the medical evidence is inconsistent with the prosecution case, as the injuries