THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH CRIMINAL APPEAL (SR).No.5666 of 2008 CRIMINAL APPEAL No.906 of 2009 Date: 13-08-2009 Between : The State of A.P., rep.by the Public Prosecutor, High Court of A.P., Hyderabad. … Appellant. And Yericherla Yelia, s/o. Prakasam, 23 years, Mala by caste, Malapalli, Jandrapeta, Chirala. … Respondent. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH CRIMINAL APPEAL (SR).No.5666 of 2008 CRIMINAL APPEAL No.906 of 2009 ORAL JUDGMENT: (per the Hon’ble Sri Justice D.S.R.Varma) Despite service of notice, none appeared for the respondent- Accused. Heard learned Public Prosecutor appearing for the appellant-State. 2. This Criminal Appeal is directed against the judgment, dated 03.01.2007, in Sessions Case No.300 of 2005, passed by the Sessions Judge, Prakasam Division, Ongole, acquitting the accused for the offence punishable under Section 506 Part-II of Indian Penal Code (for brevity “I.P.C.”) and convicting him for the offence punishable under Section 304 Part-I I.P.C. and sentencing him to undergo Rigorous Imprisonment for nine years and to pay a fine of Rs.200/- and in default to undergo Simple Imprisonment for a period of one month. 3. The case of the prosecution, in brief, is that the appellant was in the habit of drinking and picking up quarrels with others, that on 20.4.2005 the accused quarrelled with his relatives P.Ws.7 and 8 and beat them in connection with the obsequies of his grand-mother and on that the deceased, who is related to both, admonished the accused and beat him elderly for his mis-behaviour with P.Ws.7 and 8, that having felt offended, the accused bore grudge against the deceased, that on 21.4.2005 at about 2-00 p.m., when the deceased was taking lunch in his house at Hasthinapuram, the accused came and took the deceased towards Kunderu bank i.e., grazing field and picked up a quarrel with the deceased and hacked the deceased on various parts of the body due to which the deceased died. The said incident was witnessed by P.Ws.1 and 2, that on seeing the accused chasing the deceased with knife when P.Ws.3, 4, 5, 11 and neighbours questioned the accused as to his high-handed act, the accused also threatened them to kill and in the meanwhile the deceased fell semi conscious and was shifted to Government Hospital, Chirala, for treatment. Basing on Ex.P.1 report given by P.W.1, the I Town Police of Chirala, registered Crime No.79 of 2005 for the offence punishable under Section 307 I.P.C. and took up investigation. Thereafter the deceased was referred to Government General Hospital, Vijayawada and while undergoing treatment the deceased died. On receipt of the death intimation, P.W.15 Assistant Sub Inspector of Police, altered the section of law to 302 and 506 I.P.C. After completion of investigation and necessary formalities, the police laid the charge sheet against the accused for the offences punishable under Sections 302 and 506 Part-II I.P.C. 4. When the charges were framed, read over and explained to the accused, he pleaded not guilty and claimed to be tried. 5. In order to bring home the guilt of the accused, the prosecution examined P.Ws.1 to 17 and got marked Exs.P-1 to P- 17, besides marking MOs.1 to 7 material objects. On behalf of the accused, none were examined and no documents were marked. 6. The Court below, having considered the entire material including the evidence, both oral and documentary, available on record, found the accused not guilty of the offence under Section 506 Part-II and accordingly acquitted him of the said charge. Further, the Court below having charged the accused for the offence under Section 302 I.P.C., found him guilty for the offence under Section 304 Part-I I.P.C. and accordingly convicted and sentenced him as stated above. Aggrieved by the same, the State has preferred the present criminal appeal. 7. We have carefully perused the impugned judgment and the reasoning accorded by the Court below for acquitting the accused for the offence punishable under 506 Part-II I.P.C. and convicting him for the offence under Section 304 Part-I I.P.C. 8. It was pointed out by the Court below that the evidence of P.W.1 is to the effect that at the scene of offence when the accused hacked the deceased and was chasing, when P.W.1 tried to intervene, the accused threatened her by showing the knife. That is the only evidence of P.W.1 and nothing else. 9. It was further pointed out by the Court below that the evidence of P.W.3 was to the effect that the accused chased the deceased and the deceased had fallen to the ground, that when P.W.3 questioned, the accused informed that the deceased not only beat him but also scolded him in filthy language. 10. Therefore, having regard to the discrepancy in the evidence of P.Ws.1 and 3, the Court below arrived at the conclusion that the accused was not guilty for the offence under Section 506 Part-II and while charging him for the offence under Section 302 I.P.C., found him guilty for the offence punishable under Section 304 Part-I I.P.C. 11. Therefore, the reasons assigned by the Court below, while arriving at the said conclusion, in our considered view, are cogent and the evidence on record was well appreciated before arriving at such a conclusion. 12. For the foregoing, the criminal appeal fails and is liable to be dismissed as having no merits. 13. In the result, the criminal appeal is dismissed, at the stage of admission, confirming the judgment, dated 03.01.2007, in Sessions Case No.300 of 2005, passed by the Court below. _________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE G.CHANDRAIAH 13-08-2009 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH CRIMINAL APPEAL (SR).No.5666 of 2008 CRIMINAL APPEAL No.906 of 2009 13-08-2009 (Msr)