Yarragani Sreenu vs The State Of Telangana
2023 Latest Caselaw 3777 Tel

              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

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.

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