Point of law: It is true that the injury possible by fall on hard surface but depending on the force. It is true an alcoholic may sustain easily the rupture of blood vessels even at the slightest violence to the head. It is true that the weapon like M.O.1 would cause lacerated injury but it more force but by ordinary force it causes only contusion.

JUDGMENT:

(Sri Justice C. Praveen Kumar)

Heard Sri G. Vijayasaradhi, learned Counsel appearing for the Appellant and Sri S. Dhushyanth Reddy, learned Public Prosecutor for the State, through Blue Jeans video conferencing APP and with their consent, the appeal is disposed of.

1. Accused 1 and 2 in Sessions Case No.576 of 2014 on the file of XI Additional District and Sessions Judge, Tenali, were tried for offences punishable under Section 302 and Section 302 read with 34 of the Indian Penal Code [‘I.P.C.’] for causing the death of one Darsi Dibbaiah @ Adam [‘deceased’] on 19.04.2014 at about 2:00P.M. at New Bridge, Near Bus Shelter, Bodapadu village of Amarthaluru Mandal. By its Judgment, dated 06.07.2015, the learned Sessions Judge, while acquitting A.2 for the offence punishable under Section 302 read with 34 IPC, convicted A.1 for the offence punishable under Section 302 IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs.1000/-in default to undergo rigorous imprisonment for three months.

2. The substance of the charge against the accused is that on 19.04.2014 at about 2:00P.M. at New Bridge, Near Bus Shelter, Bodapadu village of Amarthaluru Mandal, the accused caused death of Darsi Dibbaiah @ Adam by beating him with a stout stick.

3. The case of the prosecution as unfolded by the prosecution witnesses is as under:

i) PW.1 is the brother of the deceased; PW.2 is the wife of the deceased, while PW.3 is the relative of PW.2 and PW.1. PW.4 was examined as a witness to the incident, which occurred in the morning, while PW.5 was examined to speak about the incident, which took place, in the afternoon.

ii) The deceased was acting as an elder of caste people in the village. On the morning of 19.04.2014, there was an altercation between the deceased and PW.4 at Ravi Hotel in connection with pesticide issue. During that process, A.1 interfered and pushed the deceased aside, questioning his domination in their caste society and also abusing him. At that point of time, the deceased pushed A.1 due to which A.1 got angry and threatened to see his end by that day. So saying he left the place. After the altercation, the deceased returned home and informed PW.4, who was present in the house, as to what happened at Ravi Hotel. On that day, the deceased wanted to go to Ponnuru to attend his work and asked PW.1 to accompany him due to fear of A.1. PW.1 and the deceased went to Ponnuru and after completion of work, they boarded a RTC bus at Ponnuru and got down at drainage bridge of their village to go to their house. It is said that while they were walking towards their house, A.2 intercepted and started beating the deceased with hands questioning him as to why he beat his father in the morning. Meanwhile, A.1 came with a stick and stating as to why there should be a conversation with his son, beat the deceased on his head with a stick, due to which the deceased tripled down to the ground. When A1 and A.2 were beating the deceased who was lying on the ground, PW.1 raised cries loudly and on hearing the same, PW.3, LW.6-Pratap and LW.7-Chukka Vijay Kumar @ Jakraiah came there. On seeing them, the accused ran away. They called an auto and shifted the injured to Government Hospital, Nidubrolu where the doctor declared him dead. PW.1 went to Amarthaluru police station and lodged a report before PW.8 at 5:30P.M., which came to be registered as a case in Crime No.28 of 2014 for the offence punishable under Section 302 read with 34 IPC. Ex.P.7 is the FIR.

iii) PW.9-the Inspector of Police, on receiving information, proceeded to the police station, collected copy of FIR and took up investigation. He then, proceeded to the scene of offence and observed the scene. As it was late night, he posted a guard to preserve the scene of offence. He also proceeded to the Government Hospital, Nidubrolu, verified the dead body and posted a guard at the hospital. On the next day i.e. on 20.04.2014, PW.9 examined the scene of offence in the presence o