S. Ganesan vs Rama Raghuraman & Ors

2. Facts and circumstances giving rise to this appeal are as under:

1') made a statement to Mr. V. Narasaiah, Sub-Inspector of Police (PW.1) that on 29.4.1997 at about 9.00 A.M., when she tried to wake up deceased, G. Arulmozhi, who was sleeping in the other room of the flat, he misbehaved with her and thus A-1 tried to get out of his clutches in order to save herself. As she could not succeed in her attempt, she got the hammer lying in the room and hit him on his head. On hearing her cries, her husband Raghuraman (A.2) came at the spot and also hit deceased several times on his head with the same hammer and thus, the deceased suffered grievous injuries. Immediately, Rama Raghuraman (A.1) went to the nearby hospital and informed Dr. U. Srinivas (PW.3) that her brother was seriously injured on the head and she brought him to examine the deceased. Dr. U. Srinivas (PW.3) came to her flat and after examining the injured, he advised that he should be taken to the hospital immediately. An ambulance was called and with the help of two attendants, Rama Raghuraman (A.1) and Raghuraman (A.2) took the injured to the hospital. He was examined there by the doctors. The doctor also informed the police, on which Mr. V. Narasaiah, Sub Inspector of 2 Police (PW.1) reached the hospital and recorded the statement of Rama Raghuraman (A.1) and lodged a complaint to Mr. K. Chakrapani, Station House Officer, (PW.16).

(B) On receiving such information, Crime No. 235 of 1997 under Section 307 IPC was registered against Rama Raghuraman (A.1) and Raghuraman (A.2). However, when the police came to the hospital to record the statement of the injured, he was found to be unconscious. Thereafter, Mr. K. Chakrapani (PW.16) proceeded to the place of occurrence and made a rough sketch of the site in the presence of witnesses Mr. Kamal Bukhada (PW.6) and Mr. Premchand (PW.7) and also seized M.Os. 2 to 12 from the place of occurrence. Mr. K. Chakrapani (PW.16) also examined PWs 2 to 5 and recorded their statements.

(D) Mr. T.V. Raja Gopal, Investigating Officer, (PW.17), took over further investigation and recorded the statements of a large number of witnesses and submitted the chargesheet. The Magistrate committed the matter to the Sessions Court, wherein the respondents pleaded not guilty and claimed trial. After concluding the trial and appreciating the evidence, oral as well as documentary, the trial court vide judgment and order dated 9.9.2002 in Sessions Case No. 40 of 1999 convicted both the respondents for offences punishable under Section 302 r/w Section 120-B IPC and awarded life imprisonment with a fine of Rs.5,000/- each and in default of payment of fine, they were directed to undergo further three months simple imprisonment.

3. Being aggrieved, the respondents preferred Criminal Appeal No. 1088 of 2002 before the High Court of Andhra Pradesh at Hyderabad, which has been allowed by impugned judgment and order dated 13.2.2003. Hence, this appeal.

11. The High Court dealt with the case having sympathetic attitude towards the respondents and decided the appeal in a very cryptic manner. After making reference to statements of some of the prosecution witnesses, the High Court reached the conclusion that as none of the witnesses had stated anything regarding the conspiracy being hatched between Rama Raghuraman (A.1) and Raghuraman 12 (A.2) to do away with the life of the deceased, the question of their conviction under Section 120-B IPC could not arise; inconsistent pleas taken by the accused may not come as a help of the prosecution case as the prosecution has to prove its case beyond reasonable doubt by leading evidence in support of its case. The High Court was swayed by the fact that after the deceased suffered injuries, the accused had taken him to the hospital and Rama Raghuraman (A.1) informed the father of the deceased about his health condition.

Thus, unless there are substantial and compelling circumstances, the order of acquittal is not required to be reversed in appeal.

16. The case is required to be considered in the light of the aforesaid settled legal propositions.

Admittedly, the High Court did not deal with any of the incriminating circumstances considered by the trial court for the purpose of conviction of the respondent and did not address itself to the relevant issues involved in the appeal. Therefore, the judgment 18 and order of the High Court cannot be held to be sustainable in law and it suffers from perversity.

20. In view of above, appeal succeeds and is allowed. Judgment and order dated 13.2.2003 passed by the High Court of Andhra Pradesh at Hyderabad in Criminal Appeal No. 1088 of 2002 is hereby set aside and the judgment and order dated 9.9.2002 in Sessions Case No. 40 of 1999 passed by the trial court is modified to the extent that respondents are held guilty for the offence punishable under Section 304 Part-II r/w Section 34 IPC and sentenced to five years rigorous imprisonment each. There is nothing on record to show as to whether the respondents have served any period during the trial or during the pendency of their appeal before the High Court. In case, they have served some period, it shall be set-off in accordance with law. 21 Before parting with the case, we record our appreciation for the efforts made by Ms. V. Mohana, learned advocate, for rendering full assistance to the Court on being appointed as amicus curiae.

January 3, 2011 22