Back
2011 (1) Supreme 41
SUPREME COURT OF INDIA
P. Sathasivam and Dr. B.S. Chauhan, JJ.
S. Ganesan — Appellant
versus
Rama Raghuraman & Ors. — Respondents
Criminal Appeal No. 989 of 2003
Decided on : 3-1-2011
AIR 1974 SC 2165; AIR 2006 SC 2500; AIR 2008 SC 2066; (2009) 10 SCC 206; (2010) 9 SCC 189 – Relied upon
(b) Criminal Trial – Conviction – Framing of charge – Unless the parties satisfy the Court that there has been a failure of justice from non framing of charge under a particular penal provision, and some prejudice has been caused to them, conviction under such provision of law is sustainable. (Para 14)
AIR 1973 SC 2221; AIR 2010 SC 3786; AIR 1956 SC 33; AIR 1956 SC 116; AIR 1967 SC 1326; AIR 1998 SC 2702 ; AIR 2001 SC 3853 ; AIR 2006 SC 191 – Relied upon
(c) Code of Criminal procedure, 1973 – Section 378 – High Court deciding the issue showing misplaced sympathy – Not dealing with any of the incriminating circumstances relied upon by the trial court – Not sustainable. (Paras 16 and 17)
AIR 1973 SC 2622 – Relied upon
(d) Indian Penal Code, 1860 – Section 304 Part-II r/w Section 34 – In view of the respondents voluntarily taking the deceased to hospital and donating their blood to save his life, clearly their was no intention to kill – Hence conviction converted to Section 304 Part-II r/w Section 34. (Para 18)
AIR 1974 SC 1570 – Relied upon
Facts of the case:
1. On 29.4.1997 at about 9.00 A.M., when Rama Raghuraman tried to wake up deceased, G. Arulmozhi, he misbehaved with her and when she could not succeed in getting out of his cluthes, she got the hammer lying in the room and hit him on his head. On hearing her cries, her husband Raghuraman came at the spot and also hit deceased several times on his head with the same hammer and thus, the deceased suffered grievous injuries.
2. The trial court convicted both the respondents for offences punishable under Section 302 r/w Section 120-B IPC and awarded life imprisonment with a fine.
The Criminal Appeal filed before the High Court has been allowed.
Finding of the Court:
Respondents are liable to be convicted u/s 304 Part-II r/w 34, IPC.
Result : Appeal allowed.
JUDGMENT
Dr. B.S. Chauhan, J. —
1. This appeal has been preferred by the complainant, father of the deceased, against the judgment and order dated 13.2.2003 in Criminal Appeal No. 1088 of 2002 passed by the High Court of Andhra Pradesh at Hyderabad acquitting the respondents of the charges under Sections 302 read with 120-B of Indian Penal Code (hereinafter referred to as “IPC”) for committing the murder of G. Arulmozhi by hitting him with a hammer on his head.
2. Facts and circumstances giving rise to this appeal are as under:
(A) Rama Raghuraman (Accused 1)(hereinafter referred to as ‘A- 1’) made a statement to Mr. V. Narasaiah, Sub-Inspector of Police (PW.1) that on 29.4.1997 at about 9.00 A.M., when she tried to wake up deceased, G. Arulmozhi, who was sleeping in the other room of the flat, he misbehaved with her and thus A-1 tried to get out of his clutches in order to save herself. As she could not succeed in her attempt, she got the hammer lying in the room and hit him on his head. On hearing her cries, her husband Raghuraman (A.2) came at the spot and also hit deceased several times on his head with the same hammer and thus, the deceased suffered grievous injuries. Immediately, Rama Raghuraman (A.1) went to the nearby hospital and informed Dr. U. Srinivas (PW.3) that her brother was seriously injured on the head and she brought him to examine the deceased. Dr. U. Srinivas (PW.3) came to her flat and after examining the injured, he advised that he should be taken to the hospital immediately. An ambulance was called and with the help of two attendants, Rama Raghuraman (A.1) and Raghuraman (A.2) took the injured to the hospital. He was examined there by the doctors. The doctor also informed the police, on which Mr. V. Narasaiah, Sub Inspector of Police (PW.1) reached the hospital and recorded the statement of Rama Raghuraman (A.1) and lodged a complaint to Mr. K. Chakrapani, Station House Officer, (PW.16).
(B) On receiving such information, Crime No. 235 of 1997 under Section 307 IPC was registered against Rama Raghuraman (A.1) and Raghuraman (A.2). However, when the police came to the hospital to record the statement of the injured, he was found to be unconscious. Thereafter, Mr. K. Chakrapani (PW.16) proceeded to the place of occurrence and made a rough sketch of the site in the presence of witnesses Mr. Kamal Bukhada (PW.6) and Mr. Premchand (PW.7) and also seized M.Os. 2 to 12 from the place of occurrence. Mr. K. Chakrapani (PW.16) also examined PWs 2 to 5 and recorded their statements.
(C) On the next day i.e. 30.4.1997 at about 11.45 P.M., Mr. K. Chakrapani (PW.16) received the information that G. Arulmozhi had died and, therefore, he altered the case from Section 307 IPC to Section 302 IPC. He conducted the inquest over the body of the deceased in presence of two witnesses. Dr. Ramachander Rao, the Medical Officer in NIMS Hospital (PW.9) examined the deceased and found four injuries on the person of the deceased. After the death of the deceased, Dr. M. Ravinder Reddy, the professor in Forensic Medicine, Gandhi Medical College, Hyderabad (PW.18), conducted an autopsy of the dead body of the deceased.
(D) Mr. T.V. Raja Gopal, Investigating Officer, (PW.17), took over further investigation and recorded the statements of a large number of witnesses and submitted the chargesheet. The Magistrate committed the matter to the Sessions Court, wherein the respondents pleaded not guilty and claimed trial. After concluding the trial and appreciating the evidence, oral as well as documentary, the trial court vide judgment and order dated 9.9.2002 in Sessions Case No. 40 of 1999 convicted both the respondents for offences punishable under Section 302 r/w Section 120-B IPC and awarded life imprisonment with a fine of Rs.5,000/- each and in default of payment of fine, they were directed to undergo further three months simple imprisonment.
3. Being aggrieved, the respondents preferred Criminal Appeal No. 1088 of 2002 before the High Co
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
