- (1.) These two appeals are filed one by the State questioning the acquittal recorded under Section 307 IPC and another by the accused questioning the conviction and sentencing him to pay a fine of Rs.500/- under Section 324 read with Section 34 of the Indian Penal Code (for short "I.P.C.").
(2.) Inasmuch as, the appeal by the accused is against imposition of fine in Crl.A.No. 121 of 1996 filed on the file of Court of Sessions, East Godavari, and inasmuch as, the State preferred an appeal against judgment of acquittal dated 14-6-1996 relating to Section 307 I.P.C. as against the same judgment the said appeal was also transferred and numbered as Crl.A.No.1614 of 2000 on the file of this Court.
(3.) The learned Additional Public Prosecutor would submit that the evidence available on record is clear and categorical to attract the ingredients of Section 307 I.P.C. and hence the acquittal recorded in this regard cannot be sustained. The learned Counsel had taken this Court through the evidence available on record and would submit that the nature of injuries would be irrelevant and the intention to do away with the life and the attempt in this regard would be sufficient to attract Section 307 I.P.C.;