THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1142 OF 2004 DATED 8th DECEMBER, 2010. BETWEEN : Guguloth Mangya ..Appellant-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1142 OF 2004 JUDGMENT: This is an appeal arising out of conviction and sentence imposed on the appellant-accused in Sessions Case No.635 of 2002 by the learned VI Additional Sessions Judge (III-Fast Track Court) at Mahabubabad by judgment dated 27.04.2004 wherein he convicted the accused under Section 235 (2) Cr.P.C. and sentenced him to undergo rigorous imprisonment for three years for the offence punishable under Section 304 Part-II of Indian Penal Code (for short ‘IPC’). The allegations levelled against the appellant are that the deceased engaged the son of the accused as her farm servant on yearly salary of Rs.900/- besides providing meals. After some time, accused demanded the deceased to give hand loan of Rs.3,000/- and to increase the salary of his son to Rs.1500/-. On that, deceased gave loan of Rs.3000/- to the accused and also agreed to increase salary to Rs.1400/-. Having dissatisfied with the same, accused bore grudge against the accused. Further, on 12.08.2002 at about 2030 hours when the deceased was assigning some works to the son of the accused, accused went there in a drunken state, picked up a quarrel with the deceased, abused her in filthy language and hurled stones on her, due to which she sustained injury on her abdomen and fell down on the ground and died. Hence, the case. In order to prove its case Prosecution got examined PWs 1 to 7 and marked Exs.P.1 to P.5 apart from MOs 1 to 5. When examined under Section 313 Cr.P.C. accused denied the incriminating circumstances read over to him and he did not choose to adduce any oral or documentary evidence on his behalf. After evaluating the entire evidence on record, the learned Sessions Judge convicted the accused as stated above. Heard. After arguing for sometime, the learned counsel for the appellant confined his arguments only to the extent of imposition of sentence and prayed this Court to show some indulgence on the appellant. In view of the said submission of the learned counsel for the appellant, the merits and demerits of the prosecution case and impugned judgment need not be adjudicated now. The entire occurrence took place in a sudden quarrel between the deceased and accused and the appellant was not having any intention or knowledge that his act will cause death and hurled a stone weighing about 1 kg in the abdomen of the deceased due to which she died. By hurling stone, accused intended to cause injury to the deceased, which resulted in her death. Hence, the appellant is liable for punishment under Section 324 IPC but not under Section 304 Part II IPC. Accordingly, the conviction imposed by the learned Sessions Judge for the offence under Section 304 Part II is modified to one under Section 324 IPC. The sentence of imprisonment is hereby reduced to that of the period already undergone by him in prison. With above modification, the Criminal Appeal is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 08.12.2010 sur