JUDGMENT

Challenging the conviction of the accused for a lesser offence than the one charged, the State has preferred this appeal.

2. The respondent was prosecuted in S.C.No.1164/2013 for the offence punishable under Sections 307 & 309 of IPC on the basis of the charge sheet filed by the Madiwala Police in Crime No.387/2013 of their police station. The respondent was sole accused in the said case. For the purpose of convenience, the parties are referred to henceforth according to their ranks before the trial Court.

3. The case in brief is as follows:

That PW-9 is the mother of PW-4 the victim. PW-5 married the victim subsequent to the incident in this case. PW-4 was working in the house of PW-2 as maid servant. PW-11 is the daughter and PW.7 is the colleague of PW.2. The accused and PW-4 had a romantic relationship about two years prior to 11.05.2013. After sometime she came to know that the accused is an alcoholic addict and has other vices, therefore she started withdrawing from the relationship. As the accused was unemployed, at his instance PW-4 had contacted PW-5 to get an employment for the accused. Later the accused started suspecting that PW-4 has developed interest towards PW-5. Being enraged by that, when PW-4 & PW-11 alone were in the house of PW.2 on 11.05.2013 at 09.30 a.m. accused came to the house of PW-2 shouting at PW.4. Being scared PW11 ran out. The accused told the victim to marry PW-5 and before that to appease his sexual urge once. When she resisted, the accused with an intention to commit murder, assaulted her with heavy sickle - M.O.1, the sliding blades - MOs.2 & 3 and caused her injuries. When the victim attempted to ward the blows, her left hand ring finger was cut. Further, the accused attempted to strangulate her. She phoned PW-2, her employer. Thereafter, the accused attempted to commit suicide by cutting his neck with the same blade and stabbing himself. PW-2, on getting the information, came to the house along with PWs-6 & 7. On the way PW-6 joined them and on reaching the spot, they informed the police. The accused & victim were shifted to St.John's Hospital. Regarding the incident PW-2 filed the complaint as per Ex.P-4 before PW-12 - the Sub Inspector of Madiwala Police Station. Based on the same, he registered the FIR as per Ex.P- 14. He recorded the statement of the victim in the hospital and seized her blood stained clothes and after discharge of the accused from the hospital, he arrested him, collected the wound certificates of the victim and the accused, effected the recovery of the incriminating materials, recorded the statements of witnesses and on completing investigation, he submitted the charge sheet.

4. The trial Court, on hearing the parties, framed the charges against the accused for the offences punishable under Sections 307 & 309 of IPC. Since the accused denied the charges, trial was conducted. In support of the case of the prosecution, PWs-1 to 14 were examined and Exhibits P-1 to P- 20, MOs1-15 were marked. After his examination under Section 313 of Cr.P.C. with reference to the incriminating evidence, the accused got himself examined as DW-1 and one witness as DW-2 and on his behalf eight (08) letters said to have been written by PW-4 were marked as Exs.D1 to D8.

5. The trial Court, on hearing the parties, by the impugned judgment and order held that the fact of accused assaulting PW-4 with MOs-1 to 3 and causing her injuries were proved. However, the trial Court held that the acts of the accused established by the prosecution constitute only the offence punishable under Sections 324 of IPC and not the offence under Section 307 of IPC. The trial Court acquitted the accused for the offence under Section 309 IPC and convicted him for the offence under Section 324 of IPC. Further, for the offence under Section 324 of IPC, the trial Court sentenced him to imprisonment for the period of detention already undergone by him.

6. The accused has not challenged the order of conviction of s