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HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.1633 OF 2009
JUDGMENT:
1. This Criminal Appeal is filed by the appellant/accused aggrieved conviction recorded by the Prl.Sessions Judge, Khammam, in S.C.No.358 of 2008 dated 30.09.2009 for the offences punishable under Sections 304-II of Indian Penal Code and sentenced to undergo Rigorous Imprisonment for a period of ten years and fine of Rs.100/-. Aggrieved by the said conviction he filed the present appeal.
2. The case of the prosecution is that the deceased loved the appellant and informed their parents that he intend to marry. Accordingly, their marriage was performed. The appellant was living in his parents-in- law's house. On 19.02.2008, around 6 P.M. the appellant in a drunken state came back to the house and picked up quarrel with the deceased for not packing suitcase and to accompany him to cooli work. Upon beating, the deceased collapsed and died instantaneously. PW1 is the 2 father, PW2 is the mother and PW3 is the sister of the deceased. The witnesses were present near the house and upon hearing cries of the deceased rushed to the house and found that the appellant was assaulting the deceased in a drunken condition. On seeking PWs.1 to 3, the appellant fled.
3. The evidence of the witnesses is consistent regarding beating of deceased. Nothing is elicited in the cross-examination to discard the version of eye-witnesses i.e. PWs.1 to 3. All the witnesses have stated that the appellant was in a totally intoxicated condition when the alleged incident took place. However, there is no evidence to suggest that the appellant was in such a state not to understand the consequences of his act. However, the witnesses have consistently stated that the incident occurred due to the intoxicated condition of the appellant.
4. Keeping in view the eye-witnesses account, the conviction under Section 304-II, is confirmed. 3
5. It is the specific case of the witnesses that the appellant started beating his wife in an intoxicated condition for which reason of intoxication there is possibility of not understanding the consequences of his acts. However, the incident is of the year 2008 and nearly 15 years have elapsed since the incident. In the said circumstances, the sentence of imprisonment is reduced to a period of six months.
6. Accordingly, the Criminal Appeal is disposed off reducing the sentence of imprisonment to a period of six months.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date:17.08.2022 tk 4 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.1633 OF 2009 Dated: 17.08.2022 tk 5