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2020 Supreme(AP) 57
IN THE HIGH COURT OF ANDHRA PRADESH, AMARAVATI
C.PRAVEEN KUMAR, B.KRISHNA MOHAN, JJ.
G. Eswaramma & Another – Petitioners
Versus
The State of A.P. - Respondent
Criminal Appeal No.1056 of 2015
Decided On : 07-05-2020
Advocate Appeared:
For the Petitioner: V Raghu, Adv.
Point of Law: When sufficient materials are available to the case to arrive at a conclusion that the death of the victim was due to septicemia which has developed on account of the burn injuries, it is idle for the accused to contend that the case Crl.Appeal No. 497 of 2013 will not fall under Section 302 IPC
Headnote:
Criminal Procedure Code, 1973 – Section 374(2) – Conviction – Appeal – Appellants/A-1 and A-2, who are the daughter and mother/wife and mother-in-lawpreferred this Criminal Appeal under Section 374(2) Cr.P.C. assailing their conviction and sentence – Held, Though learned Public Prosecutor tried to contend that the case pertains to Explanation (2) to Section 299 I.P.C., in our view, the same may not be applicable to the instant case since the said explanation speaks about the death of the deceased in spite of providing proper remedies and skilful treatment, which is not so in the present case having regard to the admission of the doctor in the cross examination. Hence, the prosecution was able to prove the involvement of both the accused in the instant case - Evidence of the post mortem doctor that death was due to septicemia and the death was after five days of the incident, we feel that the conviction of the accused can be altered from Section 302 read with 34 I.P.C. to Section 304 Part – II I.P.C. – Criminal Appeal is partly allowed
Facts of the Case:
Persons known to the deceased and they were working in NSL factory. P.W.5 is the brother of the deceased while P.W.6 is the mother of the deceased. P.Ws.7 and 8 are the children of the deceased. The marriage between the deceased and A-1 took place about 18 years prior to the incident and out of wedlock, they were blessed with one son and one daughter. The deceased used to work in NSL Factory. He used to inform P.W.5 that his wife is having illicit intimacy with a person of weavers’ community and in spite of advising her not to have such relationship, she is not caring for the same. It is said that the person with whom she is having illicit relationship is a resident of Mustabad Village and that the said person actually belongs to Buddavaram Village
Finding of the Court:
Though learned Public Prosecutor tried to contend that the case pertains to Explanation (2) to Section 299 I.P.C., in our view, the same may not be applicable to the instant case since the said explanation speaks about the death of the deceased in spite of providing proper remedies and skilful treatment, which is not so in the present case having regard to the admission of the doctor in the cross examination. Hence, the prosecution was able to prove the involvement of both the accused in the instant case- Evidence of the post mortem doctor that death was due to septicemia and the death was after five days of the incident, we feel that the conviction of the accused can be altered from Section 302 read with 34 I.P.C. to Section 304 Part – II I.P.C.
Result: Criminal Appeal is partly allowed
JUDGMENT :
C. Praveen Kumar, J.
Heard through Video Conference (Blue Jeans App).
2. The appellants/A-1 and A-2, who are the daughter and mother/wife and mother-in-law of one Gurram Venkateswara Rao (hereinafter, referred to as “the deceased”), preferred this Criminal Appeal under Section 374(2) Cr.P.C. assailing their conviction and sentence imposed by the learned XV Additional District and Sessions Judge, Nuzvid vide judgment, dated 9.6.2015, in Sessions Case No.244 of 2013 for the offence punishable under Section 302 read with 34 I.P.C. wherein they were sentenced to undergo imprisonment for life and to pay a sum of Rs.500/-each, in default, to suffer simple imprisonment for a period of six (6) months.
3. The charge levelled against them is that on 29.1.2012, at about 11:00 P.M., A-1 and A-2 caused the death of the deceased by pouring boiled oil on his body while he was sleeping and thereafter, hitting him on his head with a wooden sliver.
4. The facts in issue are as under:
P.Ws.1 to 4 are the persons known to the deceased and they were working in NSL factory. P.W.5 is the brother of the deceased while P.W.6 is the mother of the deceased. P.Ws.7 and 8 are the children of the deceased. The marriage between the deceased and A-1 took place about 18 years prior to the incident and out of wedlock, they were blessed with one son and one daughter. The deceased used to work in NSL Factory. He used to inform P.W.5 that his wife is having illicit intimacy with a person of weavers’ community and in spite of advising her not to have such relationship, she is not caring for the same. It is said that the person with whom she is having illicit relationship is a resident of Mustabad Village and that the said person actually belongs to Buddavaram Village. Though he actually belongs to Buddavaram Village, he was eking out his livelihood by running a small hotel at Mustabad Village. It is said that when the deceased leaves the factory for duty, A-1 used to leave the house with the said person and come back in the evening. These facts were informed to P.W.5 when the deceased came and stayed in their house for a period of four days by applying leave. When A-1 left home to her parents’ house, the deceased is said to have gone to Buddavaram Village and brought her back. Along with her, A-2, who is the mother of A-1, also accompanied her to the house of the deceased. The incident of accused pouring boiling oil and then, hitting the deceased with a wooden piece on his head was informed to P.W.5 and others by the son of the deceased, who was examined as P.W.7. As it was informed that the deceased was admitted in the Government hospital, Eluru, P.Ws.5 and 6 went to the hospital. By that time, several workers of the factory were present there. They noticed the deceased lying with burn injuries all over his body. Though the deceased wanted to say something, he could not speak.
On the intervening night of 29/30.1.2012, P.W.10 – Head Constable from O.P. Post, Government General Hospital, Eluru received requisition from C.M.O. about the admission of the deceased with burn injuries and bleeding head injury. Immediately, he proceeded towards the hospital, identified the patient with the help of duty doctor and recorded his statement. Ex.P-9 is the hospital intimation and Ex.P-10 is the statement recorded by P.W.10 which was signed by the duty doctor. He also obtained the signature of a witness by name V.Prasad. He then forwarded the statement to the Station House Officer, Veeravalli Police Station for necessary action.
P.W.11, who is the Head Constable of Veeravalli Police Station, on receipt of a statement and the hospital intimation from P.W.9, registered a case in Crime No.19 of 2012 for the offence punishable under Section 307 read with 34 I.P.C. and issued Ex.P-11 – F.I.R. Thereafter, he left the police station to the Government Hospital, Eluru, identified the injured with the help of duty doctor and recorded his statement. From there, he went to the scene of
