Pasupuleti Siva Ramakrishna Rao Vs. State of Andhra Pradesh & Ors.
Attempt to Murder – House Trespass
Criminal Appeal No. 466 of 2014 [Arising out of SLP (Crl.) No. 7044 of 2007]-Decided on 20-2-2014.
It is not possible to accept this contention in the circumstances of the case that the act of strangulating a person by the throat by a telephone wire and pulling it from both sides, which is proved here, does not amount to the commission of the offence of attempt to commit murder under Section 307 IPC. …. There is no doubt that the trespass was into a house and that the appellant entered the office having prepared to assault the victim and in any case for putting him in fear of hurt or of assault. There is nothing in Section 452 IPC to suggest that the use to which the house is put makes any difference. It is not the requirement of Section 452 IPC that for a trespass to be an offence the house must be a private place and not an office. The law protects any house from trespass, vide Section 448 IPC and further protects persons within the house from being assaulted or even put in fear of hurt or wrongful restraint within their own house….. We thus find that the accused were not entitled to be acquitted for the offences under Section 452 IPC read with Section 34 IPC...read more
