THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1239 of 2011 16-12-2014 BETWEEN:
Shaik Shabbeer AND …..Appellant/accused State of Andhra Pradesh by Public Prosecutor, High Court of Judicature at Hyderabad For the State of Telangana and the State of Andhra Pradesh.
…..Respondent THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1239 of 2011 JUDGMENT:
The Criminal Appeal is preferred by the appellant/accused challenging the Judgment, dated 09.05.2011, in S.C. No.18 of 2011 passed by the Court of the Principal Sessions Judge, West Godavari Division, at Eluru, whereby the learned Judge found the accused guilty for the offence under Section 304 Part II IPC and accordingly convicted and sentenced him to undergo rigorous imprisonment for a period of eight years.
The case of the prosecution is as follows:-
That the accused visited the house of his paternal grandmother (deceased), quarreled with her, asked her to give her pension amount of Rs.200/- for watching movie and on that, the deceased refused to give the amount, and then the accused grew wild and murdered her by hitting with a wooden piece over her forehead and face. On hearing the cries of the deceased, P.W.1, who is the neighbor of the deceased, rushed to the place of occurrence and witnessed the accused running with a wooden piece and a bag. Basing on the complaint lodged by P.W.1, a case was registered against the accused for the offence under Section 302 IPC and was investigated into. After completion of the investigation, police filed charge sheet.
To prove the guilt of the accused, P.Ws.1 to 9 were examined and Exs.P.1 to P.11 and M.Os.1 to 6 were marked on behalf of the prosecution.
No oral or documentary evidence was adduced on behalf of the accused. On appreciation of oral and documentary evidence, the trial Court acquitted the appellant/accused for the offence under Section 302 IPC and convicted the appellant/accused for the offence under Section 304 Part II IPC and sentenced him as stated above. Aggrieved by the same, the present appeal is preferred by the appellant/accused.
Heard and perused the material available on record.
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 does not have any intention to kill the deceased and considering the weapon used by the appellant/accused, and considering the age of the appellant/accused, and also as the appellant/accused has served substantial period in prison, lenient view may be taken by this Court while imposing sentence of imprisonment.
Considering the submissions made by the learned counsel for the appellant/accused and also considering the age and facts and circumstances of the case, this Court is inclined to take a lenient view.
In the result, the conviction recorded against the appellant/accused by the Principal Sessions Judge, West Godavari, at Eluru, in S.C.No.18 of 2011 for the offence under Section 304 Part II IPC is hereby confirmed, but the sentence of imprisonment of eight (8) years as imposed by the Court below is hereby modified and reduced to a period, which the appellant/accused has already undergone. The bail bonds shall stand cancelled and the sureties stand discharged.
The appellant/accused shall be released forthwith, if he is not required in any other crime.
The Criminal Appeal is accordingly partly allowed. Miscellaneous petitions, if any, pending in this Appeal, shall stand dismissed.
JUSTICE RAJA ELANGO 16.12.2014 pln