THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.418 of 2021 JUDGMENT: (Per Hon’ble Sri Justice K.Surender)

This Criminal Appeal is filed by the appellants/accused Nos.1 and 2, aggrieved by the judgment dated 17.09.2021, in S.C.No.149 of 2017, on the file of the Court of the Special Sessions Judge for Fast Tracking the cases relating to Atrocities against Women-cum-VIII Additional District Judge at Khammam, whereby the appellants/accused Nos.1 and 2 were convicted for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code (for short ‘IPC’).

2. Heard learned counsel for the appellants/accused Nos.1 and 2 and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent-State. Perused the record.

3. The appellants herein are accused Nos.1 and 2, who were found guilty for the offence under Section 302 of IPC for assaulting Narsi Reddy (hereinafter referred to as ‘the deceased’), who is the brother of accused No.1, on 13.03.2016, resulting in his death on 19.04.2016.

4. The events that transpired in the case are that on 13.03.2016, when the deceased was going to his house around 04.00 P.M., accused No.1, who is the brother of the deceased, and accused No.2, who is the son of accused No.1, chased the deceased and beat him with a stick on his back and head. The incident happened in front of the house of the deceased. Repeated blows were given by accused No.1 with a stick, and when the deceased fell on the road, the accused kicked him with legs and trampled him into the drainage near the house of the deceased. On hearing the shoutings of PW.1 for help, the neighbours and other relatives gathered at the scene and thereafter, the deceased was shifted to the hospital.

5. The deceased was taken to the hospital where PW.16- Doctor was working. According to PW.16-Doctor, on 13.03.2016 at around 08.55 P.M., the deceased was brought to the causality with head injury. PW.16 examined the deceased, and since there was a depressed fracture of the right frontal bone with underlying brain contusion, surgery was done on 14.03.2016. Nearly 34 days thereafter, the deceased was discharged on 18.04.2016 with an advice to visit the hospital 15 days thereafter for review. According to PW.16, there was one external injury on the frontal bone. PW.16 also found abrasion on the right forearm. Since the condition of the deceased was stable, he was discharged from the hospital on

18.04.2016.

6. The deceased died on 19.04.2016. PW.1 had already lodged a complaint with the police on 14.03.2016, which is the next date of the assault. In the complaint, she narrated that at around 04.00 P.M., on 13.03.2016, both accused Nos.1 and 2 assaulted the deceased with a stick and he was kicked with legs and pushed into the drainage.

7. The police conducted the inquest proceedings, and thereafter the body was sent for postmortem examination. After the death of the deceased, the Section of law was altered to Section 302 of IPC. PW.22 is the postmortem doctor, who found the following injuries during the course of examination:

1. Fracture of left wrist along with abrasion 2 x 3 inches;

2. Abrasion on right elbow 2 x 3 inches;

3. Lacerated wound on right parietal region 10 x 2 x ½ inch;

4. Laceration on right occipital region 5 x 2 x ½ inch; and 5. On cut section of brain matter blood collection was seen.

8. According to PW.22, the cause of death was due to internal bleeding in the brain due to head injury. Ex.P13 is the postmortem report.

9. Both accused Nos.1 and 2 were arrested on the basis of the investigation conducted and since the appellants were found to have been involved in assaulting the deceased, the charge sheet was laid for the offence punishable under Section

302 read with 34 of IPC.

10. The conviction of the appellants was mainly on the basis of the evidence of PW.1 and the corroborating complaint that was lodged on 14.03.2016. The other eyewitnesses to the incident, PWs.2 to 7, tu