Chinthirala Krishna Murhty ... vs State Of Ap., Rep.By Its Station ...
2022 Latest Caselaw 4106 Tel

          THE HON'BLE SRI JUSTICE K.SURENDER

              CRIMINAL APPEAL No.583 OF 2009

JUDGMENT:

1. This Criminal Appeal is filed by the appellants/A1 & A2

aggrieved by the conviction recorded by the I Additional Sessions

Judge, Khammam, in S.C.No.401 of 2008 dated 12.05.2009, for

the offence punishable under Sections 304-II of Indian Penal

Code, and sentenced to undergo Rigorous Imprisonment for a

period of six years and to pay a fine of Rs.10,000/-.

2. The case of the prosecution is that a complaint was lodged

on 28.11.2007 stating that PW1 who is the son of the deceased

was scolding his wife, then the appellants/accused Nos.1 and 2

who were passing by beat PW1 with a stick thinking that PW1

was abusing them. The deceased-mother interfered when the

appellants/accused were beating PW1, as such, the

appellants/Accused beat his mother. The next day morning the

mother died. PW1 orally complained to the Inspector of Police

about the incident and his statement was recorded and case

investigated. After concluding investigation charge sheet under

Section 302 and 324 of Indian Penal Code was filed against the

appellants/accused. The Court framed charges under Section

302 and 324 read with 34 of Indian Penal Code. The Sessions

court after examining the witnesses and the documents

produced by the prosecution found the accused not guilty for the

offences under Section 302 and 324 of IPC and found the

accused guilty for the offence 304-II of IPC.

3. Learned Counsel for the appellants/accused submits that

the learned Sessions Judge had come to an erroneous

conclusion that the appellants were guilty of the offence under

Section 304-II of IPC; and that admittedly on the alleged date of

assaulting the mother of PW1 she was neither hospitalized nor

shown to have received injuries. For the reason of her death next

day, it cannot be presumed that it was the result of the injuries

caused by alleged beating of the appellants.

4. PWs.1 to 4 are the children of the deceased. All the

witnesses narrated the incident of the appellants' beating the

deceased and her death on the next day.

5. The Doctor who conducted post mortem examination of the

deceased found the following injuries;

a) contusion below left eye

b) contusion on the left side of the chest,

c) ribs on left side were fractured

d) heart lacerated and clotted blood was present

e) lever laceration and spleen laceration

He also stated that the cause of death was due to shock and

hemorrhage due to the injuries on the vital parts of the body.

6. The doctor (PW10) gave an opinion that the deceased

received injuries of lever laceration, spleen laceration and heart

laceration. The said injuries which are cause of death are not

explained by the prosecution to say that the beating by Accused

Nos.1 and 2 on the said date could have caused such injuries to

the organs of the deceased. PWs.1 to 4 except stating that the

mother was beaten, did not mention the details or given any

specific overt acts as to how the attack had taken place for the

Court to come to a conclusion regarding the injuries received on

the organs of the deceased. It is for the prosecution to prove the

injuries which were received by the deceased to have been

caused by the appellants. The Doctor-PW10 was not questioned

as to how the injuries on the organs can be caused and the

prosecution should correlate such injuries with the overtacts

attributed by the witnesses at the time of incident. Failure to do

so, the prosecution has not proved the case beyond reasonable

doubt.

7. However, it is the case of PWs.1 to 3 that their mother was

beaten by the appellants/accused. For the reason of the

prosecution failing to prove that the death was specifically the

result of the injuries caused by the appellants, the conviction

under Section 304-II of IPC cannot be sustained. Accordingly,

the conviction under Section 304-II is set aside. However, PW10

has found injuries of contusions on the left eye, contusion on the

chest and also fracture on the body of the deceased. PW1

received injuries which are abrasion on the right thigh, abrasion

on the right lower side of the eye. These injuries found on the

deceased and PW1 can be attributed to the beating by the

appellants, for which reason the appellants are convicted for the

offence under Section 324 of Indian Penal Code.

8. However, since the offence alleged had taken place in the

year 2007 and 15 years have elapsed since the incident took

place, for which reason this Court deems it appropriate to reduce

the sentence of imprisonment under Section 324 of IPC with the

period already undergone.

9. Accordingly, the Criminal Appeal is partly allowed.

_________________ K.SURENDER, J Date:08.08.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER

Crl.A.No.583 of 2009

Dated: 08.08.2022

tk