Point of Law: As the attack is an outcome of the said incident, which took place immediately prior to the incident, we feel that it is a fit case where the nature of offence has to be scaled down from Section 302 I.P.C. to Section 304 Part-II I.P.C.

JUDGMENT :

C. PRAVEEN KUMAR, J.

1. Accused Nos. 1 and 2 in Sessions Case No. 566 of 2014 on the file of learned Additional Sessions Judge, Hindupur who are the appellants herein, were tried for the offence under Section 302 read with Section 34 of Indian Penal Code, 1860 [for short “I.P.C.”] for causing the death of one A. Venkateswara Rao [deceased] who is the husband of A.2.

2. Vide Judgment, dated 17.06.2015, learned Sessions Judge convicted both the accused for the offence under Section 302 r/w. Section 34 I.P.C. and sentenced each one of them to suffer Rigorous Imprisonment for Life and also to pay a fine of Rs. 5000/- each, in default, to suffer Simple Imprisonment for two years each. Assailing the same, the present appeal came to be filed.

3. The facts, in issue, are as under:

(i) A.2 is the wife of the deceased while A.1 is the father of A.2. PW-1 is the brother, PW-2 is the sister and PW-5 is the mother of the deceased. PW-1 was working as an Inspector, in Land Army Corporation Limited, Bellary. The marriage between the deceased and A.2 took place at Hindupur about 12 years prior to the date of his giving evidence. A.2 along with A.1 were staying at Model Colony, Hindupur Town. Initially, the deceased and A.2 lead their marital life at Siriguppa for four years, thereafter, they shifted to Hindupur and started staying with A.1 along with their two children. The deceased took the house of A.1 on mortgage on condition that he would pay Rs. 25,000/- to A.1 and started working as a Tailor in the Tailoring shop of PW-2.

(ii) While so, on 13.10.2013 at about 5.00 P.M. PW-2 went to the house of the deceased to invite him and his family members for ‘Ayudhalapuja’ in view of ensuing Durga festival. She stayed in the house till the deceased reached his house which was 10.00 P.M. by then. On entering the house, the deceased questioned A.2 about the source of her income for purchase of the almarah. A quarrel ensued between husband and wife regarding purchase of almarah. Immediately, at that point of time, A.2 caught-hold of the hands of the deceased from backside while A.1 said to have dealt a blow on the left side of the head and also on the middle of the head and also near the ear of the deceased with a stick. On receiving the injuries, the deceased fell down and thereafter both the accused bet the deceased with hands and legs. PW-2 who was present at the scene, witnessed the incident. Thereafter, PW-2 fell unconscious for a few seconds and after she woke up, noticed the neighbours gathered at the scene and with their help she shifted the deceased to Government Hospital, Hindupur where the doctors declared the deceased as brought dead.

(iii) At about 1.00 A.M. on 14.10.2013, PW-8-Inspector of Police received the death intimation of the injured from Government Hospital, Hindupur. Immediately, he along with Head Constable rushed to Government Hospital and found the dead body in the mortuary. He posted a guard at the mortuary room. Along with PW-2 and one auto driver, PW-8 visited the scene of offence which is in-front of the residential house of the accused. After posting a guard at the scene, he requested PW-2 to give a report. She informed that her blood relatives are on the way to Hindupur and after their arrival she will furnish the information. At about 10.00 A.M. PW-1 is said to have lodged a report before PW-8 which lead to registration of a case in Crime No. 108 of 2013 under Section 302 r/w. Section 34 I.P.C. Ex.P7 is the copy of the F.I.R. At about 11.15 A.M. PW-8 left the Police Station and in the presence of PW-6, inquest over the dead body of the deceased. Ex.P2 is the inquest report. After completing the inquest proceedings, he sent the dead body for Post Mortem examination.

(iv) PW-7 Civil Assistant Surgeon at Government Hospital, Penukonda conducted autopsy over the dead body of the deceased on 14.10.2013 between 3.25 P.M. and 4.30 P.M. Ex.P6 is the Post Mortem Certificate. According to him, the deceased would have died du