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2006 DIGILAW 746 (AP)

YELLE SRINU v. STATE OF A. P.

2006-06-29

A.GOPAL REDDY, G.YETHIRAJULU

body2006
G. YETHIRAJULU, J. ( 1 ) THIS is an appeal preferred by the sole accused in S. C. No. 24 of 2004 on the file of the I Additional Sessions Judge, rajahmundry. He was charged forthe offence under Section 302 IPC for allegedly beating on the head of the deceased with a bamboo stick resulting in his death while undergoing treatment on 16-8-2003. The factual matrix leading to the conviction of the appellant are briefly as follows. ( 2 ) ON 16-8-2003 at about 9-00 a. m. the accused parked his bicycle on the bund of the canal to answer calls of nature. The deceased, who was grazing the cattle at that place, took away the money bag from his bicycle and went to the land of Chundru mani. The accused shouted to return the money bag, but the deceased teased him by running in that place without returning the bag. The accused grew wild, picked up the bamboo stick and beat the deceased on his head causing fatal injuries, due to that the deceased remained unconscious. On seeing that, P. W. 3 escaped from the sceneof offence due to fear. After the arrival of P. Ws. 1 and 2, the deceased was taken to the Government hospital at Rajanagaram. The deceased while undergoing the treatment succumbed to the injuries at 3-30 p. m. on the same day. While undergoing the treatment, on the basis of Ex. P-1-statement of P. W. 1, a crime was registered under Section 307 I PC and after the death of the deceased, the section of law was altered to one under Section 302 I PC. The Inspector of Police took up the investigation, arrested the accused and recovered the weapon. He observed the scene of offence and seen the dead body of the deceased and the body was sent to postmortem Examination and the Doctor opined that the deceased appears to have died due to multiple injuries caused on the head and damage to the brain. After conclusion of the investigation, the police laid the charge sheet. ( 3 ) THE accused pleaded not guilty of the offence and the prosecution in order to prove the guilt of the accused, examined P. Ws. 1 to 10 and marked Exs. P-1 to P-21 and also m. Os. 1 to 6. No oral or documentary evidence was adduced on defence side. ( 3 ) THE accused pleaded not guilty of the offence and the prosecution in order to prove the guilt of the accused, examined P. Ws. 1 to 10 and marked Exs. P-1 to P-21 and also m. Os. 1 to 6. No oral or documentary evidence was adduced on defence side. The lower court afterconsidering the evidence adduced by the prosecution held that the prosecution proved the guilt of the accused beyond reasonable doubt and convicted the accused/ appellant for the offence under Section 302 ipc and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 1,000/-, in default to undergo Simple Imprisonment for one year. Being aggrieved by the judgment of the lower Court dated 27-6-2005, the accused preferred the present appeal challenging its validity and legality. ( 4 ) THE Prosecution story is that while the deceased was grazing the cattle at the scene of offence, the accused came there to answer the calls of nature and kept his bicycle on the bund with a cash bag. The deceased took away the cash bag and when the accused shouted, he did not return the said cash bag, therefore, the accused grew wild, picked up a bamboo stick and beat the deceased on his head which resulted in his death. ( 5 ) THE plea of the accused was one of general denial and he pleaded that the incident has not occurred in the manner in which the witnesses stated in their evidence. P. Ws. 3 to 5 are the Eye Witnesses to the occurrence of the incident. P. W. 5, a resident of the same village, deposed that on the date offence, himself, deceased and others were grazing cattle near the Chagalnadu canal bund. P. Ws. 4 and 5 were also grazing their sheep. In the meanwhile, the accused came on a bicycle and parked his bicycle on the canal bund by keeping the cash bag on the bicycle and went to answer the calls of nature. The deceased removed the cash bag and was running away. Meanwhile, the accused came and asked the deceased to give his cash bag, but the deceased was going round teasing the accused stating that he would not return the bag. The accused removed a stick lying there and beat the deceased on his head 3 to 4 times. The deceased removed the cash bag and was running away. Meanwhile, the accused came and asked the deceased to give his cash bag, but the deceased was going round teasing the accused stating that he would not return the bag. The accused removed a stick lying there and beat the deceased on his head 3 to 4 times. The deceased fell down, and out of fear they ran away from the place of occurrence. Later the deceased was shifted to the Hospital for treaiment and while undergoing treatment the deceased died. P. Ws. 4 and 5 are also the Eye witnesses and they corroborate the evidence of P. W. 3 in all respects. P. W. 8 is the Doctor, who conducted Postmortem Examination on the dead body of the deceased. According to her, she found the following external injuries:- (1) A sutured wound present on forehead on right side oblique downwards and medialing measuring 2 inches in length with swollen edges having 2 cotton sutures covered with blood clots. (2) A sutured wound present on left side of forehead vertical, measuring 2 inches in length having 2 cotton sutures with swollen edges covered with blood clots. (3) A sutured wound present on left side of head on parietal area, transverse, 2 inches in length with swollen edges, covered with blood clots having 2 cotton sutures. (4) A sutured wound present on left side of head extending from parietal area to occipital area oblique downwards and medially about 2 inches in length with swollen edges covered with blood clots having 2 cotton sutures. (5) A sutured wound present on left eye brow, transverse one inch in length with swollen edges covered with blood clots having one cotton sutures. (6) An abrasion of 1 x 1 inch over the left ear over the pinra. (7) An abrasion on left mastoid measuring 1 x 1 inch. (8) A sutured wound on back of the head over the occipital area oblique, 3 inches in length having 4 cotton sutures with swollen edges covered with blood clots. She also found thefollowing internal injuries:- (1) Scalp covered with blood clots blood clots blood clots under the scalp over frontal parietal occipital and maxillary areas. (8) A sutured wound on back of the head over the occipital area oblique, 3 inches in length having 4 cotton sutures with swollen edges covered with blood clots. She also found thefollowing internal injuries:- (1) Scalp covered with blood clots blood clots blood clots under the scalp over frontal parietal occipital and maxillary areas. On opening the skullcap: meninges congested with peticheal haema richages blood clots present above and below the meanings and in the brain matter, in the cranial fossea intera crnial intracerebral hemorrhage with injury to brain stem with fracture base of skull with fracture left frontal, left parietal, left occipital and left maxillabone. ( 6 ) THE Doctor, after conclusion of the postmortem Examination, opined that the cause of death was due to shock and hemorrhage, due to multiple injuries, especially injury to vital organ brain which is antemortem in nature. The Doctor further opined thatthe injuries are sufficienttocause death in normal course and the above injuries would be possible by a stick like M. 0. 4. The inspector of Police visited the scene of offence and observed the blood stains at the scene of offence and a panchnama was written to that effect. In the inquest report also, the inquest panchas opined that the death of the deceased was due to receipt of the multiple injuries on the head. The F. S. L. Report covered by Ex. P-21 also indicates that there were blood stains on the stick covered by m. 0. 4. From the above evidence, it is very clear that the death of the deceased occurred due to the beatings given by the accused with bamboo stick. ( 7 ) THE learned counsel for the appellant submitted that there was no pre-meditation on the part of the accused and as the incident occurred on the spur of the moment, there was no intention for the accused to kill the deceased, therefore, a lenient view may be taken and the accused may be convicted for a lesser offence. She also relied upon a judgment of the Supreme Court in Chowa mandal v. State of Bihar 2004 (1) ALT (Crt.) 297 (SC)=2005 SCC (Crl.) 154. She also relied upon a judgment of the Supreme Court in Chowa mandal v. State of Bihar 2004 (1) ALT (Crt.) 297 (SC)=2005 SCC (Crl.) 154. wherein the supreme Court observed as follows:- "the incident in question occurred on the spur of the moment without there being any intention of causing death or of causing such injury as they knew was likely to cause death, and was an act arising out of the enmity they had with the nephew of the deceased and aggravated by the unwanted questioning by the deceased. From the evidence, it is clear that the act of the appellants cannot be construed as an act other than causing grievous hurt. Thus, in the absence of any motive, intention or knowledge as to their act which led to the death of the deceased, the appellants can only be held guilty for an offence punishable under section 326 read with Section 34 IPC since there is material to show that these two appellants did wield their lathes and out of which atleast one blow, if not both, struck the head of the deceased causing him grievous injury which ultimately led to his death. " ( 8 ) IN the present case, the accused was a stranger to the deceased. Unfortunately, he halted his bicycle near the deceased, where he was grazing the cattle, to answerthe calls of nature. At that moment, the deceased being a young boy, out of curiosity, removed the cash bag found on the bicycle and that led to the present incident of the accused picking out a bamboo stick found there and beating the deceased. Therefore, It can be said that when the deceased was teasing the accused without returning the bag, the accused got provoked and on the spur of the moment he went against the deceased and beat him with the bamboo stick. In the light of the above circumstances, we can conclude that there was no intention to the accused to cause the death of the deceased, but from the nature of the injuries, he might be having the knowledge that the injuries are likely to cause death. Therefore, we are inclined to set aside the conviction of the appellant for the offence under Section 302 IPC and we are inclined to convict him for the offence under Section 304 Part-ll of IPC. Therefore, we are inclined to set aside the conviction of the appellant for the offence under Section 302 IPC and we are inclined to convict him for the offence under Section 304 Part-ll of IPC. ( 9 ) IN the result, the Criminal Appeal is allowed in part. The conviction of the appellant for the offence under Section 302 IPC and the sentence of imprisonment for life are set aside. In the alternative, the appellant is convicted for the offence under Section 304 part-ll of IPC and sentenced to Rigorous imprisonment for seven (7) years. The fine amount remains unaltered.