The prosecution must prove beyond reasonable doubt that the accused caused the death of the deceased in order to secure a conviction for culpable homicide not amounting to murder under Section 304 Part-II of the IPC.

JUDGMENT

A.V. Ravindra Babu, J. - This Criminal Appeal is filed by the appellant, who was the Accused in Sessions Case No.333 of 2007, on the file of Sessions Judge, Krishna Division, Machilipatnam ('Sessions Judge' for short), challenging the judgment, dated 23.07.2009, where under the learned Sessions Judge, found the accused guilty of the offence under Section 304 Part-II of Indian Penal Code ('I.P.C.' for short) as against the original charge under Section 302 of I.P.C., convicted him and sentenced him to suffer rigorous imprisonment for five years.

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

3. The Sessions Case No.333 of 2007 arose out of a committal order in P.R.C.No.1 of 2006, on the file of Judicial First Class Magistrate, Jaggaiahpet, pertaining to Crime No.8 of 2006 of Chillakallu Police Station, under Section 302 of I.P.C.

4. The case of the prosecution, in brief, according to the charge sheet filed by the Inspector of Police, Jaggaiahpet Circle as above, is as follows:

(i) The accused is resident of Mallareddygudem Village, Mellacheruvu Mandal, Nalgonda District. He is residing at Chillakallu Village of Jaggaiahpet Mandal, Krishna District along with his wife and children. Previously, he was convicted in a theft case.

(ii) One Upputalla Babulu S/o Ramulu (hereinafter will be referred to as 'deceased') is resident of Chillakallu Village and he is the father-in-law of the accused. L.W.1-Upputalla Srinu, S/o Babulu is son of the deceased, L.W.2-Upputalla Venkata Narasamma is wife of the deceased and L.W.3-Tammisetty Nagalaxmi is daughter of the deceased and wife of the accused are the direct witnesses to the occurrence. Further L.W.4-Gunja Venkateswarlu, S/o Tirupataiah and L.W.5-Gunja Venkateswarlu, S/o Brahmam are the neighbourers and direct witnesses to the occurrence. L.W.6-Orsu Bujji and L.W.7-Kunchapu Rajya are the daughters of the deceased. L.W.8-Tirumalakonda Gopaiah, L.W.9-Gunja Venkateswarlu, S/o Tirupatiah, L.W.10-Talluri Yerrappaiah and L.W.11-Gunja Gopaiah are the caste elders, who held panchayat and paid Rs.100/- as collie to the deceased.

(iii) On 22.01.2006 at 12-00 noon, there was a caste panchayat held in Vaddera colony of Chillakallu by L.W.8 to L.W.11 to resolve a dispute between the wife and husband i.e., Kunchapu Ramana and Srinu. It was concluded by 3-00 p.m. The said mediators gave Rs.100/- to the deceased as collie, as he made arrangements for collecting the elders from both parties. On the way to his house, the accused, who is the son-in-law of the deceased, stopped him and asked him to return Rs.100/- to him, for which deceased refused. Then, the accused grew wild, caught hold of him and lifted the deceased into the air and thrown him on a gravel heap. When the deceased tried to get up, the accused again lifted him and thrown him on the granite stones heap resulting into the death of the deceased at the spot. It was witnessed by L.W.1 to L.W.5. L.W.1 turned up to Chillakallu Police Station on 22.01.2006 at 8-00 p.m., and presented a written report to L.W.15-Sub-Inspector of Police. L.W.15-Sub Inspector of Police, Chillakallu Police Station registered it as a case in Crime No.8 of 2006 under Section 302 of I.P.C. and submitted copies of F.I.R. including express F.I.R. to all concerned. L.W.16-Inspector of Police took up investigation and visited the scene of offence and examined the same in the presence of L.W.12-Deenavahi Venkata Seshagiri Rao and L.W.13-Rupana China China Veeraiah, the mediators. He prepared rough sketch at the scene of offence. He held inquest over the dead body of the deceased in the presence of inquest panchayathdars i.e., L.W.12 and L.W.13. He forwarded the dead body to L.W.14-medical officer with a request to conduct autopsy and issue postmortem certificate. During investigation, he examined L.W.1 to L.W.11 and recorded their statements. On 24.01.2006 at 1-00 p.m., Inspector of Police ar