- (1.) The present appeal by special leave is directed against the judgment and order dated 9th October, 2007 passed by the High Court of Judicature of Andhra Pradesh partly allowing Criminal Appeal No. 1187 of 2002 filed by the appellants herein (accused Nos. 1 and 2) by inter alia modifying the conviction of accused Nos. 1 and 2 for the offence under Section 304 IPC into conviction for the offence under Section 304(2) IPC and reducing the sentence of rigorous imprisonment of 10 years to three years in respect of both the accused and the sentence of rigorous imprisonment of four years for the offence under Section 325 IPC in respect of accused No. 2 to one year.
(2.) The case of the prosecution which led to the conviction of accused Nos. 1 and 2 is that the deceased Boddu Maraiah and accused No. 2 were having prior disputes between them. The son of said accused loved the daughter of the deceased. As the elders did not agree to the proposal, the deceased married his daughter to some other person. Even after her marriage, the son of accused used to go to her house and tried to create problems in her married life, because of which the son of accused was beaten by the deceased and his family members which became the subject matter of a criminal case. Thus, it was alleged that there was inimical term between the two families. On 2.11.1998 at about 5.30 p.m., while accused Nos. 1 to 5 (A-1 to A-5) (accused No. 4 is son of accused No. 2; accused No. 2 is the nearest relative of accused No. 1; accused No. 3 is his son; and accused No. 5 is a close relative of accused Nos. 1 to 4) were returning to their village after finishing their fishing work and when they reached near the cattle shed of the deceased, they heard PW-2 (wife of deceased) abusing her cattle sarcastically. All are stated to be residents of Ramannamodi. The accused suspected that PW-2 was abusing them. On PW-2 being questioned by A-2 as to why she was abusing them, the deceased interfered and attacked A-2. A-1 also interfered and the deceased beat him whereupon A-1 beat the deceased on his head with a stick and induced A-2 to A-5 to beat the deceased. A-2 beat the deceased by poking against his abdomen with stick near his naval, A-3 beat him on his back with a stick, A-1 and A-4 beat PW-2 with sticks and caused injuries and A-1 and A-4 beat PW-1 (son of deceased) on his left hand wrist and on his neck with sticks. After beating the deceased, PW-1 and PW-2, the accused ran away from the place of occurrence. Later PW-1 went to police station and registered a complaint (Ex.P-13) and a case under Section 324/34 IPC was started. The deceased, PW-1 and PW-2 were sent to the Government Headquarters Hospital, Machilipatnam. After the deceased succumbed to injuries on 4.11.1998 in the hospital, the police altered the FIR to Section 302 IPC and took up investigation, held inquest over the dead body, observed the scene of offence, conducted panchnama, got the post mortem examination done and after receipt of post mortem report laid the chargesheet under Section 302/34 IPC against A-1 and A-2, under Section 325 against A-2, under Section 323 against A-1, A-4 and A-5 and under Section 114 against A-5. In support of its case, the prosecution examined PWs 1 to 14, marked Exhibits P-1 to P-23 and also MOs 1 to 26. No defence witness was examined but Exhibits D-1 to D-9 were marked on their side.
(3.) PW-9 Dr. K. Sanjeevarao who held inquest over the dead body and issued post mortem certificate opined that the deceased died of shock due to rupture of mesenteric vessel and damage to the intestines. The doctor stated that the injuries mentioned in the certificate would have been caused with sticks like MOs1 to 5 and that the internal injuries 2 and 3 were sufficient to cause the death in the ordinary course of nature. The following external injuries were found on the dead body: 1. A three sutured injury 1 1/2" in length on the right parietal region. 2. A blue black abrasion 3" x 1/4 " on the right shoulder. 3. A blue black abrasion 1" x 1/4 " over the left loin. 4. A black abrasion 1" x 1/2 " on the back of right lumber region. 5. A blue black abrasion 1 1/2 " x 1" on the back and left lower part of the chest. ;