THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.483 of 2008 09-09-2014 BETWEEN:
Chakiri Ram Babu …..Appellant/Accused AND State of A.P., Rep. by the Public Prosecutor, High Court of Judicature at Hyderabad for The State of Telangana and the State of A.P., …..Respondent THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.483 of 2008 JUDGMENT:
This Criminal Appeal is preferred by the appellant/accused against the Judgment dated 01.04.2008 passed in S.C.No.94 of 2006 by the Sessions Judge, Mahila Court, Vijayawada, whereby the learned Judge convicted the appellant/accused for the offence under Section 325 IPC and accordingly sentenced him to suffer rigorous imprisonment for a period of two years and to pay a fine of Rs.2,000/- (Rupees two thousand only), in default, to suffer simple imprisonment for a period of three months.
The case of the prosecution is as follows:
The accused is the grandson of the deceased. The father of the accused died before the death of the deceased. The deceased has the landed property and a residential house. The accused was demanding the deceased to give their share in the said properties, but the deceased, though agreed to divide the landed property, refused to divide her house property until her death. For that reason, disputes arose between the accused and the deceased. While so, on 21.05.2005 at about 11.00 p.m., when the accused asked the deceased to give their share in the said properties, the deceased expressed her unwillingness and on that, the accused grew wild and beat the deceased with hands, as a result of which the head of the deceased hit the wall and she fell down on the ground and sustained injuries on her head. P.Ws.2 and 3 witnessed the incident and brought the deceased and laid her on the cot. P.W.1 and others shifted the deceased to the hospital, and while undergoing treatment, she died. Upon receiving the death intimation from the Hospital, a case was registered against the accused and was investigated. After completion of the investigation, police filed charge sheet against the sole accused for the offence under Section 304 IPC.
To prove the guilt of the accused, P.Ws.1 to 14 were examined and Exs.P.1 to P.16 were marked on behalf of the prosecution. D.W.1 was examined on behalf of the accused, but no documentary evidence was marked.
On appreciation of oral and documentary evidence, the trial Court acquitted the accused for the offence under Section 304 IPC. However, the trial Court found the accused guilty for the offence under Section 325 IPC and accordingly sentenced him as stated above. Aggrieved by the same, the present appeal is preferred by the appellant/accused.
Heard and perused the records.
After evaluating and examining the material available on record and considering the submissions of the learned counsel, this Court is of the view that there are no special or adequate reasons, warranting interference by this Court with the Judgment passed by the trial Court.
At this stage, the learned counsel for the appellant/accused confines his argument with regard to quantum of sentence, and submits that as the appellant/accused has to perform his younger sisters’ marriages and he is the only breadwinner in his family, lenient view may be taken by this Court while imposing sentence of imprisonment.
Considering the submission made by the learned counsel for the appellant/accused and the nature of offence, and also in view of long lapse of time, this Court is inclined to take a lenient view.
In the result, the conviction recorded by the trial Court against the appellant/accused for the offence under Section 325 IPC is hereby confirmed. However, this Court, taking a lenient view, modifies and reduces the sentence of imprisonment, to the period, which the appellant/accused has already undergone. The sentence of fine and default condition, imposed by the Court below, is not interfered with. Accordingly, the Criminal Appeal is partly allowed. Consequently, the miscellaneous petitions, if any pending in this appeal, shall stand closed.
JUSTICE RAJA ELANGO 09.09.2014 pln