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K SURESH REDDY, K SREENIVASA REDDY
Yalamanchali Raju @ Pottodu Bobbili – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
K.Sreenivasa Reddy, J.
A1 to A3 in S.C.No.75/2014 on the file of the II Additional Sessions Judge, Vizianagaram District, Parvathipuram, are the appellants herein. The appellants were tried by the learned Sessions Judge on the following four charges:
| 1st Charge | U/sec. 352 r/w 34 IPC against A-1 to A-3 – found not guilty – acquitted |
| 2nd Charge | U/sec. 323 r/w 34 IPC against A-1 to A-3 - found guilty - sentenced to suffer Rigorous Imprisonment for 1 year each |
| 3rd Charge | U/sec. 302 r/w 34 IPC – against A-1 to A.3 – Found guilty sentenced to suffer imprisonment for life and fine of Rs.500/- each i/d simple imprisonment for 3 months each, and |
| 4th Charge | U/Sec. 354 IPC – Against A-1 - Acquitted |
2. The sum and substance of the charges, as against the accused, is that on 05.02.2007 at about 10.30 P.M., at the house of the deceased, all the accused pushed the deceased with force, as a result of which, the deceased fell on the cement road and became unconscious. The deceased died on the way to the hospital.
3. The case of the prosecution, in brief, is as follows:
The court established that mere pushing resulting in death does not equate to murder without intent, affirming the need for clear intent in homicide cases.
The prosecution failed to prove the involvement of A.2, A.4, and A.5 in the crime, while sufficient evidence supported the conviction of A.1 for murder.
A conviction for culpable homicide requires establishing intent, which was lacking in this case, leading to a revised charge under Section 304 Part II IPC.
It is the quality and not the quantity which determines the adequacy of evidence. Evidence has to be weighed not counted.
The court established that a lack of premeditation and intent to kill can lead to a conviction under Section 304 IPC instead of Section 302 IPC in cases of sudden provocation.
The court established that sudden provocation can reduce a murder charge to culpable homicide under Section 304 if the act occurs without premeditation and in the heat of passion.
The court established that a single blow without intent to kill does not meet the threshold for murder under Section 302 IPC, allowing for a conviction under Section 304 IPC instead.
The central legal point established in the judgment is the application of Section 355 of IPC in cases where the accused's act results in injury but without the intention to cause death.
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