Telangana High Court
Nanda Kumar Kasini vs The State Of Telangana on 20 February, 2025
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL APPEAL No.638 of 2023
JUDGMENT:
This appeal is filed by the appellant aggrieved by the
conviction and sentenced imposed in S.C.No.9 of 2020 by the
Principal District and Sessions Judge, Medak at Sangareddy.
The appellant is charged for the offence punishable under
Section 302 of Indian Penal Code (for short 'IPC'). The trial
Judge found the appellant guilty for the offence punishable
under Section 304 part-I of IPC and he was sentenced to
undergo Rigorous imprisonment for a period of ten years and
to pay a fine of Rs.500/-, in default of payment of fine, to
suffer S.I. for a period of three months. The remand period
undergone by the appellant was set off against the substantive
sentence of imprisonment.
2. Heard Sri Midhun Kumar Allu, learned counsel for the
appellant and learned Additional Public Prosecutor for the
respondent-State.
3. The contention of learned counsel for the appellant is
that basing on the complaint of complainant, regarding
dispute between two brothers and under the heat of
arguments, the appellant killed the deceased who is his elder
brother. The trial Court basing on the evidence of Pws.1 to 5,
Exs.P.1 to P.14 and M.Os.1 to 3 convicted the appellant.
Learned counsel for the appellant submitted that appellant is
not contesting the appeal on merits. His only contention is
that he is suffering from various health issues. As per the
medical certificate issued by the Sanjeevani Hospital, Central
Prison, Cherlapalli, the appellant is suffering with mental
illness and he is regularly undergoing treatment in
Yerragadda for his Phychiatric illness, he is also suffering with
Neurological problem and he underwent left eye cataract and
is on medication. Appellant is aged about 52 years and he is
in jail during pendency of trial and after conviction i.e., for the
last six years.
4. Learned counsel further contended that for the offence
under Section 304 Part-I of IPC, there is no sentence and
punishment is upto ten years or if there is intention, life can
be imposed. But the trial Court sentenced the appellant for
ten years. The appellant is in jail since six years. As nobody
is there to represent his case, he has not paid the fine amount
of Rs.500/- imposed by the trial Court, he requested to waive
the fine amount. Hence, prayed this Court to reduce the
period of sentence already undergone by him.
5. Learned Additional Public Prosecutor filed report
received from the Superintendent, Central Prison, Cherlapalli
stating that appellant is in jail for the last 6 years and 2 days
and he is suffering from various health issues and also placed
the medical certificate which shows that the appellant is on
medication for his illness.
6. Considering the submissions made by the learned
counsel for the appellant, the learned Additional Public
Prosecutor and the medical report issued by the Medical
Officer, Central Prison, Cherlapally, this Court is inclined to
modify the sentence imposed by the trial court against the
appellant.
7. Accordingly, the Criminal Appeal is partly allowed and
the judgment dated 07.02.2022 passed in S.C.No.9 of 2020 by
the Principal District and Sessions Judge, Medak at
Sangareddy is modified. The sentence of ten years imposed by
the trial Court against the appellant is reduced to six (6) years
two (2) days. Further, as payment of fine is mandatory, it
cannot be waived. The appellant/accused be set at liberty
forthwith, if he is not required in any other case or crime.
Miscellaneous applications, if any pending, shall stand
closed.
______________
K. SUJANA, J
Date: 20.02.2025
Note :
Issue c.c. by 24.02.2025
B/o.
Rds
