THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.43 of 2022
JUDGMENT:
This Criminal Appeal is filed by the Appellant/Accused aggrieved by the conviction recorded by the Special Sessions Judge for Trial of Cases under SCs and STs (POA) Act-cum-VII Additional District and Sessions Judge, Khammam, convicting the accused for the offence punishable under Section 354-D of the Indian Penal Code and sentencing him to undergo simple imprisonment for a period of two years and pay fine of Rs.500/-; for the offence under Section 509 of the Indian Penal code and sentencing him to undergo simple imprisonment for a period of six months; for the offence under Section 304-part 1 of the Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for a period of ten years and pay fine of Rs.1,000/-.
2. Heard.
3. The case against the appellant/accused is that he misbehaved with PW1 while she was proceeding to her house. PW1 warned the appellant/accused and went home. The appellant/accused followed her. Thereafter, the deceased went to the house of the appellant/accused and called him. The 2 appellant/accused was having food. After having food, he came out and the deceased questioned as to why he has insulted PW1 who is aged about 70 years. When the appellant/accused gave evasive replies, the deceased slapped the accused. On account of such slapping, the appellant stabbed the deceased with a knife on the left side of the chest of the deceased, resulting in his death.
4. The learned Sessions Judge found that the evidence of PW.1 and PW3 to PW6 was consistent regarding the alleged incident.
5. However, the learned Sessions Judge recorded conviction under Section 304 part-1 of the Indian Penal Code. Since there was no intention on the part of the appellant/accused and since the deceased had slapped him, he could not control himself and due to grave and sudden provocation, the appellant/accused stabbed him. The learned Sessions Judge further found that there was heated conversation in between the appellant/accused and the deceased. The deceased slapping the accused resulted losing his self control and stabbed him.
6. No appeal is filed by the State questioning the acquittal under Section 302 of the Indian Penal Code. 3
7. Learned Counsel appearing for the appellant/accused would submit that the appellant had dependents to take care and his mother cannot take care of herself.
8. Keeping in view that the act of the appellant/accused resulted in death of the deceased and the injury caused by the appellant/accused is one stab injury due to grave and sudden provocation, this Court deems it appropriate to reduce the sentence of imprisonment to seven years.
9. Accordingly, the Criminal Appeal is partly allowed reducing the sentence of imprisonment to seven years. The fine component remains unaltered.
Miscellaneous applications, if any pending in this criminal petition, shall stand closed.
__________________ K.SURENDER, J Date : 09.11.2023 tk