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A. V. RAVINDRA BABU
Pelamala Neela Kantam – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
A.V.Ravindra Babu, J.
The judgment, dated 30.06.2009, in Sessions Case No.31 of 2009 on the file of the Court of VII Additional Sessions Judge (Fast Track Court), Visakhapatnam (for short, ‘the learned Additional Sessions Judge'), is under challenge in the present Criminal Appeal filed by the appellant, who is the unsuccessful accused.
2. The appellant herein (accused) faced charge under Section 302 of the INDIAN PENAL CODE , 1860 (for short, ‘the IPC') pertaining to Crime No.25 of 2008 of Dumbriguda Police Station, Visakhapatnam. The learned Additional Sessions Judge found the accused guilty of the offence under Section 304 (Part-II) IPC, as against the original charge under Section 302 IPC, convicted him under Section 235(2) Cr.P.C and sentenced him to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.1,000/- in default to suffer Rigorous Imprisonment for 1 month.
3. The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.
4. Sessions Case No.31 of 2009 arose out of the committal order in Preliminary Registration Case (PRC) No.4 of 2009 on the file of the Court of Judicial Magistra
The prosecution must prove culpable homicide beyond reasonable doubt, distinguishing between intent to kill and knowledge of likely fatal outcomes.
Prosecution must substantiate charges beyond reasonable doubt; intentional murder requires proof of intent, while culpable homicide may be established through knowledge of likely fatality.
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 Pa....
Peritonitis as defined in medical dictionary is as under: “inflammation of the peritoneum, typically caused by bacterial infection either via the blood or after rupture of an abdominal organ”.
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.
The court established that a conviction for murder under Section 302 IPC requires intent to kill, which was absent in this case, justifying a lesser charge under Section 304 IPC.
The plea of insanity requires substantial proof to demonstrate that the accused was incapable of knowing the nature of the act or its wrongfulness at the time of the offence.
It is the quality and not the quantity which determines the adequacy of evidence. Evidence has to be weighed not counted.
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