IMPORTANT POINT
The court established that culpable homicide can be distinguished from murder based on the presence of intention and premeditation, particularly in cases of sudden provocation.

JUDGMENT :

(V. Srinivas, J.):

Assailing the judgment dated 19.08.2015 in S.C.No.448 of 2014 on the file of the Court of learned XI Additional Sessions Judge at Tenali, convicted the accused for the charges under Section 302 and 324 of Indian Penal Code (hereinafter referred to as “IPC), the appellant/accused filed the present criminal appeal under Section 374(2) of the Criminal Procedure Code, 1973.

2. This Criminal Appeal was admitted on 01.11.2016.

3. The shorn of necessary facts are that:

i). P.W.1 and P.W.4 are the second daughter and husband of one Savalam Nagendramma (hereinafter referred to as “deceased”) respectively. The marriage of P.W.1 was performed with the accused and out of wedlock they were blessed with a male child. While P.W.1 was carrying seventh month pregnancy for second time, the accused suspected her fidelity claiming that he is not responsible for her pregnancy and used to harass her. When P.W.1 went to her parental house for formal sleep since she was pregnant, on 25.12.2013, on the day of Christmas festival, accused went to the parental house of P.W.1, demanded the deceased to send P.W.1 along with him for termination of her pregnancy, picked up quarrel with deceased and threatened to kill her. On the intervention of P.W.9 and L.W.16-Mandru Tirupathamma, accused left the place by threatening the deceased to see her end.

ii). On 21.01.2014, the deceased and her daughter (P.W.1) went to Tenali for medical checkup by P.W.17 and after completion of medical checkup, when they went to New Navayuga Hotel, Market Area, Tenali to have tiffin, the accused who followed them, went to chicken stall of P.W.10, took a knife, went to the said hotel at about 1.00 p.m., caught hold the head of deceased, twisted her head to the back, cut the neck of the deceased deeply on either side and thereby caused bleeding injuries. When P.W.1 caught hold the knife with her left hand to rescue the deceased, her left hand middle three fingers received cut injuries. P.W.5, who is supplier in the said hotel, P.W.11 and other customers, witnessed the incident. On that accused escaped from the spot by throwing the knife in front of cash counter of the hotel. Due to over bleeding, the deceased died and P.W.1 was shifted to District Hospital, Tenali for treatment.

iii). On receipt of Ex.P.14 admission intimation of P.W.1, on the same day, P.W.18-A.S.I of Police, I Town Police Station, Tenali, recorded Ex.P.1 statement of P.W.1 and basing on the same, registered a case in Cr.No.8 of 2014 under Ex.P.15 F.I.R. for the offences punishable under Sections 302 and 324 of IPC and investigated into by P.W.19 Inspector of Police. PW19 recorded the statements of witnesses and on 28.01.2014, in the presence of mediators, arrested the accused. P.W.16, who treated P.W.1, issued Ex.P.13 wound certificate of P.W.1 as well P.W.15, who conducted postmortem over the dead body of the deceased issued Ex.P.12 report opining that the cause of death is ‘severe bleeding and cardiac arrest due to the injuries referred by him’.

4. After completion of investigation, P.W.19 laid charge sheet for the offences punishable under Sections 302 and 324 of IPC and the same was taken cognizance vide P.R.C.No.14 of 2014 on the file of Court of the learned I Additional Judicial Magistrate of First Class at Tenali and committed to the Court of Sessions and numbered as S.C.No.448 of 2014 on the file of Court of the learned XI Additional Sessions Judge at Tenali and after full-fledged trial, the accused was found guilty of the charges under Sections 302 and 324 of IPC and accordingly the accused was sentenced to undergo imprisonment for LIFE and to pay fine of Rs.1,000/-, in default to suffer rigorous imprisonment of three (3) months for the offence under Section 302 IPC and the accused was also sentenced to undergo Rigorous Imprisonment for a period of three (3) years and to pay fine of Rs.1,000/-, in default, to suffer Rigorous Imprisonment of three (3) months for the offence unde