IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1368 OF 2009 Between: The Sate of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ..... Appellant/Petitioner AND Kundala Arjuna ..... Accused/Respondent The Court made the following: JUDGMENT: The criminal appeal, under Section 377 (2) of the Code of Criminal Procedure, 1973, is directed by the State against the Judgment, dated 27.11.2007, in S.C.No.142 of 2006, on the file of the learned Assistant Sessions Judge, Yellamanchili, whereunder and whereby, the accused was convicted and sentenced to undergo Rigorous Imprisonment for a period of two years and also to pay a fine of Rs.100/-, in default to suffer Simple Imprisonment for a period of one month of the offences punishable under Sections 307, 326 and 498A IPC under each count and further convicted and sentenced to undergo Rigorous Imprisonment for a period of one year of the offence punishable under Section 324 IPC. Hence, this criminal appeal for enhancement of sentence awarded to the accused. 2. Brief facts that are necessary for disposal of the present criminal appeal may be stated as follows: P.W.1 is no other than the wife of the accused and P.W.4 is the daughter of the accused and P.W.1, aged about eight years. According to the case of the prosecution, P.W.1 is a beautiful woman. The accused is an uneducated and sheep grazer. He used to doubt the fidelity of P.W.1. On 18.03.2003 at about 8.00 a.m., when P.W.4 refused to take the head bath to go to the school, P.W.1 beat her. On that, the accused grew wild and picked up a quarrel with P.W.1 and picked up a knife from the scaffolding and attacked P.W.1 and caused injuries on her back below the neck and both palms and her left ear. As a result, P.W.1 lost her right side ring finger and sustained fracture to her left side little finger. It is also said that before causing an injury with a knife, the accused also beat P.W.1 with a stick on her legs. P.W.1 lodged complaint with the police, who after completion of investigation filed the charge sheet. 3. When the charges under Sections 498A, 307, 326 and 324 IPC were framed against the accused, read over and explained to him in Telugu, he pleaded not guilty and claimed to be tried. 4. To substantiate the charges, the prosecution examined P.Ws.1 to 12 and got marked Exs.P1 to P12 besides the case properties M.Os.1 to 6. 5. After closure of the prosecution evidence, the accused was examined under Section 313 Cr.P.C. with reference to the incriminating material found against him in the evidence of prosecution witnesses. He denied the same. On behalf of the accused, no evidence either oral or documentary was adduced. 6. The trial Court, after considering the evidence on record, found the accused guilty of the charges levelled against him under Sections 498A, 307, 326 and 324 IPC and accordingly convicted and sentenced him as stated supra. Hence, this criminal appeal is filed for enhancement of sentence. 7. Now the point for determination is whether there are any grounds to enhance the sentence for which the accused found guilty? 8. There cannot be any dispute that the sentence has to be imposed basing on the doctrine of proportionality. The sentence of imprisonment should be in proportionate to the severity of the crime committed. The relationship between the parties and other surrounding circumstances have to be taken into consideration for sentencing the accused. 9. The victim-P.W.1 is no other than the wife of the accused. It is not a case where the attack was a pre-planned one. The cause of the attack no doubt was trivial, but at the same time, it also shows the affection of the accused towards his daughter. At the time of incident, the accused was not armed with any deadly weapon so as to cause injuries to P.W.1 who is no other than his wife. Admittedly, when the daughter of the accused refused to take the head bath to go to school, P.W.1 beat her. Perhaps that caused annoyance to the accused. So, without there being any pre-meditation, the accused lost his control as P.W.1 beat the daughter. In that heat of passion, the accused beat P.W.1 with a stick on her legs and thereafter, he took the knife from the scaffolding and caused injuries on her back below the neck and both palms and her left ear. As a result, P.W.1 lost her right side ring finger and sustained fracture to her left side little finger. Those injuries were not on the vital parts of the body of P.W.1. Therefore, in these circumstances, the trial Court rightly imposed appropriate sentence and the sentence is in commensurate with the severity of the crime committed by the accused. Therefore, there are no grounds to enhance the sentence. Hence, the criminal appeal is devoid of merit and is liable to be dismissed. 10. Accordingly, the Criminal Appeal is dismissed confirming the Judgment, dated 27.11.2007, in S.C.No.142 of 2006, on the file of the learned Assistant Sessions Judge, Yellamanchili. If any observation is made, it is only for the purpose of disposal of the present criminal appeal. _______________ (K.C. BHANU, J) Date: 11th September, 2009 KL