IMPORTANT POINT
To bring a case within Exception 4 of Section 300, IPC all the ingredients mentioned in it must be found.

JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Challenge in this appeal is to the judgment of the Division Bench of the Andhra Pradesh High Court holding the appellant guilty of offences punishable under Section 302 and Section 201 of the Indian Penal Code, 1860 (in short the ‘IPC’). Before the High Court challenge was to the judgment of the learned IInd Additional Sessions Judge, West Godavari, Eluru whereunder appellant and his mother were found guilty of offences punishable under Section 302 read with Section 34 IPC and Section 201 IPC read with Section 34 IPC. Each was sentenced to undergo imprisonment for life and pay a fine of Rs.1,000/- with default stipulation for the first offence and 5 years imprisonment and fine of Rs.500/- with default stipulation for the latter offence.

2.Background facts in a nutshell are as under :

Koduri Kasiviswanadham (PW-2) is having some agricultural lands at Mallavaram. There is a farmhouse containing one room in his fields. Byvarapu Raju (A-1) was working as a farm servant since 1 = years prior to the incident. The deceased who is no other than the father of A-l used to come along with him. Nagamani (A2) was the wife of the deceased. The deceased was the resident of Paderu in Visakhapatnam district. On 29.2.1996 both the accused and Venkatarao (hereinafter referred to as the ‘deceased’) were quarreling with each other at the farmhouse and at about 12.00 midnight. Bolla Venkat Rao (PW6) heard cries from the farmhouse of PW2, and when he enquired from Al, he informed that his father came in an intoxicant condition asking him and his mother (A2) to come to Pederu and was beating A2 and therefore they both beat the deceased. PW6 went to the house of PW2 and informed about the same. PW2 along with some other witnesses went to farmhouse and at that time both the accused were ready having packed their luggage to leave the place. Then PW2 questioned the accused, for which Al stated that his father came in an intoxicant condition and was beating his mother (A2) and in course of the quarrel he hacked his father with “Yerukalakatti” and A2 also hacked the deceased. Thereafter both the accused showed the dead body, which was in the field of sugar cane garden of China Venkat Rao (PW9). PW2 sent a word to the Village Administrative Officer. Thereafter he gave Ex.P7 report to the police on 1.3.1996 at 5A.M. PW13 who received Ex.P7 report, registered a case under Section 302 read with Section 34 IPC. PW15 took up investigation. By the time he went to Chagallu Police Station, both the accused were present in the police station. Thereafter Al led him and the mediators to the “Makamshed” of Viswanadham and produced the bloodstained knife, bloodstained T-Shirt and Lungi and they were seized under Ex.P3. PW15 prepared Ex.P4 observation report and seized M.Os. 7 and 8 (control earth and bloodstained earth). Thereafter he visited the place where the dead body was found lying and declaration report was drafted. At that place, he seized bloodstained earth and control earth. Thereafter he held inquest on the dead body of the deceased from 10.30 a.m. to 1 p.m. in the presence of PWI and another and examined the witnesses. After inquest, the dead body was sent to post mortem examination. PW10 conducted autopsy and found 13 injuries. He opined that the deceased died of shock due to hemorrhage on account of injury to vital organs. After completion of investigation, PW15 filed a charge sheet. To support the case of the prosecution, it examined 15 witnesses and marked 21 documents besides the case properties M.Os.1 to 11. Accused persons pleaded innocence.

3.Considering the evidence on record the trial Court ordered conviction and sentence as afore-stated. In appeal before the High Court A-2 i.e. mother of the accused was found not guilty and it directed her acquittal. However, the conviction and sentence so far as accused-appellant who was separately charged under Section 302 and 201 IPC is concerned was maintained.

4.In support of