Mottam Venkaiah, vs The State Of A.P., Rep By Pp.,
2022 Latest Caselaw 4172 Tel

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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

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.

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

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.1633 OF 2009

Dated: 17.08.2022

tk