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C. PRAVEEN KUMAR, VENKATA JYOTHIRMAI PRATAPA
Gujjala Mouli – Appellant
Versus
State Of A. P. – Respondent
JUDGMENT:
(C. Praveen Kumar, J.)
1. Accused No. 1 in Sessions Case No. 34 of 2015 on the file of II Additional Sessions Judge, Parvatipuram, is the Appellant herein. Originally, Accused No.1 along with two [02] others were tried for the offence punishable under Section 302 of Indian Penal Code [‘I.P.C.’]. By its Judgment, dated 19.08.2016, the learned Sessions Judge, while acquitting Accused Nos. 2 and 3, convicted Accused No. 1 and sentenced him to suffer rigorous imprisonment for life for the offence punishable under Section 302 of I.P.C. and to pay fine of Rs.1,500/-in default to undergo rigours imprisonment for a period of three months.
2. The gravamen of the charge against the Accused is that, on 26.11.2013 at 5.00 P.M., all the accused caused the death of Gujjala Simhadri [‘deceased’] by beating him with hands and kicking him on his stomach and chest.
3. The facts, in issue, are as under:
Instigation alone does not establish guilt for murder if the accused did not directly participate in the act leading to death.
The court established that a single blow without intent to kill does not meet the threshold for murder under IPC Section 302, warranting a conviction for grievous hurt instead.
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(1) Non-examination of Investigating Officer in all cases does not render prosecution case vulnerable.(2) There is no legal impediment in convicting a person on sole testimony of a single witness pro....
In cases where a single blow is inflicted with a blunt object, without an intention to cause death, the offense may be scaled down from murder under Section 302 IPC to culpable homicide not amounting....
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