Smt. Asha, vs The State Of A.P., Rep By Pp.,
2022 Latest Caselaw 4123 Tel

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          THE HON'BLE SRI JUSTICE K.SURENDER

             CRIMINAL APPEAL No.801 OF 2009
JUDGMENT:

1. This Criminal Appeal is filed by the appellant/accused

aggrieved by the conviction recorded by the III Additional

Metropolitan Sessions Judge, Hyderabad, in S.C.No.262 of

2008, dated 13.03.2008, convicting the appellant/accused for

the offences punishable under sections 302 and 304-I of Indian

Penal Code, and sentence to undergo Rigorous Imprisonment

for a period of ten years.

2. The case of the prosecution is that on 22.05.2008 the

appellant who is the mother of one and half year old child in a

drunken condition hit the child's heads against the road and

she did it twice and immediately she ran to the hospital holding

the boy for treatment. Thereafter, PW5 who is the doctor who

examined the boy found that he had no pulse. Immediately, the

police caught hold of the appellant on the same day and have

taken the accused to the doctor-PW10 who examined the

appellant at 1.45 a.m. on 23.05.2008. The doctor during his

examination stated that the patient/appellant was in-coherent

and unable to understand what she was doing. The condition

shows that she was heavily drunk and not knowing the

consequence of her action and she was not under control of her

senses. Though the said examination of accused was done by

PW10, nearly after five hours of the alleged incident, she did

not know the consequence of her action. In the said

circumstances in view of the evidence of eye witnesses it cannot

be said that the appellant had not hit the child to the road

twice. However, in the background of the Doctor who examined

the appellant specifically stating that she did not know as to

what she was doing and she unable to understand the

consequence of her action, this Court deems it appropriate to

reduce the period of sentence to the period already undergone.

3. Accordingly, the Criminal Appeal is partly allowed

reducing the sentence of imprisonment to the period already

undergone.

As a sequel thereto, miscellaneous petitions, if any,

pending, shall stands closed.

_________________ K.SURENDER, J Date: 11.08.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.801 OF 2009

Date: 11.08.2022

tk