JUDGMENT :

This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C’), is filed by the appellants, who are accused Nos.1 and 2 in Sessions Case No.206 of 2009, on the file of the Court of Principal Sessions Judge, Kurnool (for short, ‘the learned Sessions Judge’), challenging the judgment, dated 14.05.2010, where under the learned Sessions Judge found first appellant guilty of the offence under Section 304(Part-II) IPC as against original charge under Section 302 IPC and further found appellant No.2 not guilty of the offence under Section 302 R/w.34 IPC and further found the second appellant guilty for the offence under Section 324 IPC and accordingly convicted and sentenced the first appellant to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.2,000/- in default to suffer Simple Imprisonment for two months for the offence under Section 304 (Part-II) IPC and further sentenced the second appellant to undergo Rigorous Imprisonment for six months and to pay a fine of Rs.500/- in default to suffer Simple Imprisonment for one month for the offence under Section 324 IPC. The learned Sessions Judge acquitted both the appellants under Sections 302 IPC and 302 R/w.34 IPC respectively.

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.

3. Sessions Case No.206 of 2009 before the learned Sessions Judge, arose out of committal order in PRC No.107 of 2008 on the file of the Judicial Magistrate of First Class, Kurnool (for short, ‘the learned Magistrate’), relating to Crime No.192 of 2008 of Kurnool II Town Police Station.

4. The case of the prosecution, in brief, according to the averments in the charge sheet, filed by the Police pertaining to above Crime, is as follows:

A-1 and A-2 are residents of Saibaba Sanjeevaiah Nagar, Kurnool. LW.1 – S. Suseelamma is the sister of K. Venkatamma (for short, ‘the deceased’) and de-facto complainant in the case. LW.2 – Venkatesu and LW.3 – Ravi are the sons of the deceased and they are circumstantial witnesses. LW.4 – Shaik Hussainamma @ Hussain Bee is the daughter-in-law of LW.1 and circumstantial witness. LW.5 – J. Lalamma is daughter-in-law of the deceased and circumstantial witness.

LW.1 and the deceased used to live in the same locality in huts separately. A-1 and A-2 used to live by the eastern side hut of de-facto complainant. LW.1 is living with her 11 years old grandson Shakshavali and deceased was living with her youngest children LW.3 – Ravi and Arunamma. A-2 has two children aged about three years and one year respectively. Now and then deceased and A-2 used to quarrel with each other over the children issue.

On 04.07.2008 at about 08:30 p.m. deceased went to the house of LW.1 and admonished her son LW.3, as he went to attend the work without her knowledge in the morning and returned in the night at 07:30 p.m. A-2 misunderstood that the deceased admonished her, called the deceased, slapped on her cheek and dragged her by caught hold of her tuft. In the meantime, A-1 intervened and fisted the deceased in her stomach as a result, the deceased fell on a cot by shouting ‘Chastira’ (I died). When LW.1 went for her rescue, A-2 took a stick and beat on her head and caused bleeding injury. On hearing the cries of LW.1, neighbourers gathered and then the accused ran away. LW.4 went there and declared that the deceased died after observing her breath. LW.2 learnt about the murder of the deceased, about receipt of injuries by LW.1 through LW.5 and went to the scene of offence. He found the deceased lying on a cot and LW.1 with bleeding injury on her head. He took LW.1 to Government General Hospital, Kurnool for treatment. LW.14 – Inspector of Police, on receipt of the information from the Government General Hospital, Kurnool went there and recorded the statement of LW.1. On the basis of the statement of LW.1, he registered the same as FIR No.192 of 2008 f