The court modified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 part II IPC due to insufficient evidence of intent.

JUDGMENT :

(Sambasiva Rao Naidu, J.)

1. This Criminal Appeal has been filed by the sole accused in S.C.No.130 of 2014, under Section 374 (2) Cr.P.C., and the appellant seeks to assail the Judgment dated 07.10.2014, whereunder the trial Court found him guilty for the offence under Section 302 r/w 34 Indian Penal Code (for short 'IPC') and convicted him under Section 235 (2) Cr.P.C. The appellant herein was sentenced to undergo imprisonment for life and also to pay fine of Rs.10,000/-, in default to suffer rigorous imprisonment for a period of (6) months.

2. The appellant herein was charge sheeted along with (3) others with an allegation that all of them have committed an offence under Sections 302 r/w 34 IPC. As per the allegations made in the charge sheet, the prosecution has claimed that one Mohd. Ahmed (hereinafter be referred as deceased) was having illegal intimacy with one Mahmooda Begum since two (2) years prior to the alleged offence. However, the deceased started harassing her with a demand of Rs.50,000/- threatening her with dire consequences, if she failed to pay the said amount. In view of the said harassment, said Mahmooda Begum committed suicide on 10.08.2013 by way of hanging and in connection with the said death, a case in crime No.201 of 2013 has been registered by the concerned police under Section 174 Cr.P.C.

3. In view of the said suicidal death, accused Nos. 1 to 4 bore grudge against the deceased and they were waiting for a chance to kill him. The accused No.4 is the father of said Mahmooda Begum. The prosecution has further alleged that on 12.08.2013 at about 09:30 p.m., the deceased visited the area where the accused were staying along with his friend by name Wajid Nawab @ Khaleelullah Shareef who is examined as PW6 during trial, and having noticed the accused at their street, the accused Nos. 1 to 4 attacked him with granite stones and killed him in the spot.

4. On receipt of a complaint from PW1 at midnight of 12/13-08-2013, PW11 the then Inspector of Police, Santoshnagar registered a case about the above stated offence and took up the investigation. During the course of investigation he has examined PW1 and other witnesses. He had conducted panchanama at the scene of offence, seized the granite boulders used by the accused in the commission of offence and prepared a rough sketch. He has also conducted inquest on the dead body of the deceased and referred the same for post mortem examination.

5. The prosecution has further claimed that on 13.08.2013 at about 05:00 P.M., the appellant herein and accused No.2 appeared before the Investigating Officer and surrendered before him. PW11 said to have interrogated them in the presence of LW15-Mohd.Khaleel and LW16- Syed Ijaz and said to have recorded the alleged confession of the accused. PW11 having completed the investigation, filed change sheet against all the (4) accused. After completion of committal proceedings and on their appearance, all the accused were examined by the trial Court and were charged under Section 302 r/w 34 IPC.

6. The accused have denied the allegations. During trial, the prosecution had examined (11) witnesses and marked Exs.P1 to P11 and MOs 1 to 8. After conclusion of the prosecution evidence, the accused were examined under Section 313 Cr.P.C., and the incriminating material has been explained to the accused. They have denied the material allegations. The defence of the accused is of total denial.

7. The learned District Judge having appreciated the allegations made in the charge sheet and evidence of PWs 1 to 11, came to the conclusion that though the prosecution is not able to prove the guilt of the A2 to A4 for the offence under Section 302 r/w 34 IPC, still found accused No.1 i.e., appellant herein, guilty for the said offence and accordingly, acquitted accused Nos. 2 to 4 under Section 235 (1) Cr.P.C., but convicted the appellant under Section 235 (2) Cr.P.C., and sentenced him to suffer imprisonment for life and also to pay fine of