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2024 Supreme(Online)(TEL) 2871
HIGH COURT OF TELANGANA
K.LAKSHMAN, P.SREE SUDHA, JJ
CHIRMANI GANESH – Appellant
Versus
THE STATE OF TELANGANA – Respondent
CRLA/915/2015
The court established that in cases of sudden altercations, the absence of premeditation can lead to a conviction for culpable homicide rather than murder.
Headnote:
Criminal Law - Murder - IPC Sections 302, 304, 149 - The court modified the conviction from murder to culpable homicide not amounting to murder, emphasizing the lack of premeditation and the nature of the altercation.
Fact of the Case:
The accused were involved in a violent altercation resulting in the death of the complainant's father and injuries to others. The incident arose from a prior dispute between families, leading to a sudden fight where multiple individuals attacked each other with weapons.
Finding of the Court:
The court found discrepancies in witness testimonies and determined that the accused acted in a sudden quarrel without premeditation, leading to a modification of the charges from murder to culpable homicide.
Issues: Whether the accused committed murder or culpable homicide not amounting to murder, considering the nature of the altercation and the evidence presented.
Ratio Decidendi: The court held that the absence of premeditation and the spontaneous nature of the fight warranted a lesser charge, emphasizing the need for careful consideration of the intention behind the actions of the accused.
Final Decision: The conviction was modified from Section 302 IPC to Section 304 Part-II IPC, with the accused set at liberty.
COMMON JUDGMENT:
(per Hon’ble Smt. Justice P.Sree Sudha)
These appeals are filed against the judgment of the trial Court in S.C.No.135 of 2013, dated 28.08.2015 on the file of the VI Additional District and Sessions Judge, at Siddipet.
2. The trial Court convicted the accused for the offence under Section 302 R/w Section 149 of the India Penal Code (for short ‘IPC’) and sentenced them to life imprisonment and fine Rs.500/- and also under Section 307 of the IPC sentencing them to undergo seven years of rigorous imprisonment and fine of Rs.500/- and under Section 324 of the IPC sentencing them to undergo one year rigorous imprisonment and under Section 147 of the IPC sentencing them to undergo simple imprisonment for one month and fine of Rs.1,000/- and under Section 148 of the IPC sentencing simple imprisonment of one month and fine of Rs.2,000/-.
3. Accused Nos.1 and 3 filed Criminal Appeal No.356 of 2017 and mainly contended that there are no overt acts attributed against the accused and there are omissions in the evidence of the witnesses all the seizures made are not believable and the recovery is of no consequence. The trial Court erred in convicting the accused basing on the assumptions.
4. The case of the prosecution as per the complaint given by Veeraboina Raju S/o. Raghupathi in which he stated there was a dispute between his elder father Veeraboina Shivaramulu’s daughter Ms. Swapna and their villager Puram Nagaraju S/o Laxmaiah and regarding the same visited Police Station, Toopran on 12.06.2012 and after the discussions both the parties compromised the issue and returned to their houses. After they reached their houses at about 21.30 hours accused No.1 Chirmani Venkatesh, Chirmani Ganesh along with two others came on two motor bikes AP-28/DH-7858 and AP-23/AE-2008 and met their relatives Puram Laxmaiah S/o. Sathaiah. After sometime they along with Puram Laxmaiah and his family members started scolding the complainant and their family members using very filthy language. At that time, the complainant’s 2nd eldest father’s son Veeraboina Sreenivas S/o Kishtaiah and his friends Vaddepally Purushotham S/o Satyanarayana, Vootla Krishna S/o Laxmaiah, Nalla Pentaiah S/o Narsaiah, Chanda Anjaneyulu S/o Balaiah were coming from that side. On that they caught Sreenivas by his shirt collar and started manhandling him. Seeing this, complainant’s mother Veeraboina Pentalamma W/o Raghupathi, brother of Veeraboina Sateesh rushed there to rescue Sreenivas. But Puram Laxmaiah S/o Sathaiah, Puram Nagaraju S/o Laxmaiah, Chirmani Venkatesh, Chirmani Ganesh attacked them with knives, while Puram Narsimha S/o Sathaiah armed with axe, and Chirmani Venkatesh, Chirmani Ganesh and two other persons who came with them and Smt Puram Mallamma attacked them with sticks. Seeing this incident, complainant’s father Veeraboina Raghupathi S/o Rajamallaiah, younger father Veeraboina Sreesailam S/o Raja Mallaiah, younger father’s son Veeraboina Chitt Babu S/o Sreesailam rushed there. But the above said persons attacked them all in a group with the knives, axe and sticks and stabbed his father due to which he fell unconscious. While shifting to the hospital, he expired on the way. Complainant’s younger father Sreesailam suffered head injuries, while his brother Veeraboina Sateesh was also stabbed with knife due to which he was shifted to hospital for treatment. Chittibabu also suffered stabs on the leg and undergoing treatment in the hospital, while Sreesailam suffered injury on the head. Therefore he requested the police for necessary action against accused Nos.1 to 6 and their two friends who have all attacked them with knives, axe, sticks and killed the father of the complainant and also caused them injuries with deadly weapons.
5. Basing on the contents of petition, SI of police, Toopran PS has registered a case in Crime No.122 of 2012 under Sections 302, 307 R/w Section 34 of the IPC.
6. P.W.1 and P.W.5 are sons of the deceased Raghupati, P.W.2 is the youn
