Point of Law: Peritonitis as defined in medical dictionary is as under: “inflammation of the peritoneum, typically caused by bacterial infection either via the blood or after rupture of an abdominal organ”.

JUDGMENT:

The sole accused in Sessions Case No.175 of 2013 on the file of the learned Additional Sessions Judge, Hindupur, is the appellant herein. He was tried for an offence punishable under Section 302 of Indian Penal Code (‘I.P.C.’) for causing the death of one Lekkala Narappa (hereinafter referred to as ‘the deceased’) on 13.08.2012 at about 9:00 A.M. at Sathyamma Temple by beating him with a pestle on the abdomen. Vide judgment, dated 07.09.2015, the learned Sessions Judge convicted the accused for the offence punishable under Section 302 I.P.C. and sentenced him to suffer Rigorous Imprisonment for life and also to pay a fine of Rs.10,000/-, in default, to undergo Simple Imprisonment for a period of six months.

2. The facts, as revealed in the evidence of the prosecution witnesses, are as under:

PWs.1, 6 and 7 are the sons and PW.5 is the wife of the deceased. PWs.2 and 3 were examined as eye witnesses to the incident. Prior to the date of incident, one Aswarthamma was indebted to a tune of Rs.4,000/- to PW.6, who is the son of deceased. In that regard, there were some disputes between them. Because of disputes, the accused is said to have bore grudge against the family of the deceased leading to the incident in question. It is said that on 13.08.2012 at about 9:00 A.M., while PW.1 was at Sathyammagudi in his village along with the deceased, the accused came there along with a pestle, provoked the deceased and then beat him with the pestle causing bleeding injury. Immediately, PW.1 along with PWs.6 and 7 took the injured to Sathyasai General Hospital, Puttaparthy. On the advice of Doctors at Puttaparthy, they have taken the deceased to K.K.Hospital, Anantapuram for better treatment and from thereto Manipal Hospital, Bangalore. On 14.08.2012 at about 8:00 P.M., PW.1 went to Puttaparthy Urban Police Station and lodged a report. Ex.P.1 is the said report. Basing on the said report, PW.10 - C.I. of Police registered a case in Crime No.101 of 2012 for the offence punishable under Section 324 I.P.C. against the accused. After lodging the report, PW.1 proceeded to Bangalore on receipt of information about the death of the deceased.

PW.10 - C.I. of Police, who registered the crime, examined

PW.1 and recorded his statement. On 15.08.2012, he visited the scene of offence and prepared a rough sketch of the scene, which is marked as Ex.P.9. He also recorded the statements of PWs.2 to 5. On receipt of intimation about the death of the deceased, he altered the Section of law from 324 I.P.C. to 302 I.P.C. and issued Ex.P.10 - altered F.I.R. He then went to Bangalore and shifted the dead body from Manipal Hospital to Bowring and Lady Curzon Hospital, Bangalore where he held inquest over the dead body in the presence of PW.8. Ex.P.12 is the inquest report.

After conducting inquest, he sent the body for post-mortem examination.

PW.9 - Associate Professor, Forensic Medicine Department at Lady Curzon and Victoria Hospital, Bangalore conducted postmortem examination over the dead body of the deceased and opined that the cause of death was due to peritonitis consequent upon blunt injury to the abdomen.

PW.10, who continued with the investigation, examined the witnesses and arrested the accused on 26.08.2012 at Peddakammavaripalli Village. Pursuant to confession made,

MO.1 - weapon used in the commission of offence was recovered. After collecting all necessary documents, a charge sheet came to be filed, which was taken on file as P.R.C.No.99 of 2012 on the file of Judicial Magistrate of First Class, Penukonda.

3. On appearance of the accused, copies of documents as required under Section 207 Cr.P.C., came to be furnished. Since the case is triable by Court of Sessions, the matter was committed to the Sessions Court under Section 209 Cr.P.C. Basing on the material available on record, charge as referred to above came to be framed, read over and explained to the accused in Telugu, to which, the accused pleaded not guilty and claimed to be tried.

4. In supp