The court found insufficient evidence of intent to kill, modifying the conviction from murder to grievous hurt and simple hurt under IPC.

JUDGMENT :

N. Tukaramji, J.

1. This appeal is filed under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short ‘CrPC’) against the judgment of conviction and sentence dated 31.05.2016 in Sessions Case No.91 of 2011 passed by the XII Additional District and Sessions Judge, Vikarabad, Ranga Reddy District.

2. We have heard Mr. T.Pradyumna Kumar Reddy, learned Senior Counsel for appellant Nos.1 and 3/accused Nos.1 and 3, Ms. G.Jaya Reddy, learned counsel for appellant Nos.2 and 4/accused Nos.2 and 4 and Mr.C.Damodar Reddy, learned Senior Counsel, representing Mr.C.Ruthwik Reddy, learned counsel on record for appellant No.5/accused No.5 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

3. In the impugned judgment the appellants/convicts/accused Nos.1 to 5 (hereinafter ‘accused’) were convicted for the offence under Section 302 r/w 34 of the Indian Penal Code, 1860 (for short ‘IPC’) and sentenced to undergo rigorous imprisonment for life and pay fine of Rs.2,000/- in default simple imprisonment for six months and also convicted for the offence under Section 324 r/w 34 IPC and sentenced to undergo rigorous imprisonment for three years and pay fine of Rs.500/- in default simple imprisonment for three months.

4.1. The prosecution’s case, in brief, is as follows:

K. Ananthappa (PW-1) lodged a police report (Ex.P-1) stating that his father (the deceased) and mother (the injured/PW-2) were residents of Gottigakalan village. On 13.11.2010, while his father was at a shop near the house of PW-4 purchasing beedies, accused Nos. 4 and 5, who were intoxicated, confronted and assaulted his father. Frightened, his father returned home. However, at approximately 8 p.m. the same day, accused Nos. 1 to 5, harboring previous enmity and acting with a common intention to kill, entered their house and attacked his father with sticks and a pestle, inflicting bleeding injuries to his head and limbs, causing him to lose consciousness. When his mother (PW-2) tried to intervene and protect her husband, the accused also assaulted her with sticks. Subsequently, a neighbour (PW-3) transported the injured victims to the Government Hospital and informed PW-1 of the incident by telephone. Upon arriving at the hospital, PW-1 was advised by the doctor to shift his father to Osmania General Hospital for better treatment, where his father later succumbed to his injuries.

4.2. Further investigation revealed that the deceased had previously killed one Tallari Venkatappa, for which a case was registered and he was arrested but later released on bail. Against this backdrop, the accused allegedly conspired to eliminate the deceased. On the day of the incident, accused Nos. 4 and 5 picked a quarrel with the deceased near the house of Boya Chandrappa (PW-4) and assaulted him. PW-4 intervened, pacified the situation, and sent the deceased home. Later that evening, at about 8 p.m., accused Nos. 1 to 5 went to the deceased’s house and attacked him with a pestle, causing severe bleeding injuries that rendered him unconscious. The attempt by his wife (PW-2) to save him was unsuccessful, and she too was assaulted with sticks and a pestle. The victims were taken to the hospital for treatment, and on 20.11.2010, the deceased passed away.

5. The learned Sessions Judge, after hearing the matter, framed charges under Sections 302 and 324 read with Section 34 of the IPC. During the trial, the prosecution examined PWs. 1 to 16, marked Exhibits P-1 to P-34, and produced Material Objects 1 to 3. Upon analyzing the evidence, the trial Court found the testimony of the eyewitness (PW-2) credible and relied on the recovery of weapons at the instance of the accused. The Court held that the charges were proved beyond reasonable doubt and accordingly convicted and sentenced the accused as mentioned above.

6. Learned counsel for the accused contended that the Sessions Judge failed to properly appreciate discrepancies in the evidence of PW-2 and other m