.4^'' APHC011008402017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY AND THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL APPEAL NO: 1474 OF 2017 Appeal under Section 374(2) of Cr.P.C, against the judgment dated 25.05.2017 passed in SC.No. 92 of 2014 Sessions Judge, Kurnool at Adoni. Between: Boya Narasimhulu @ Chintakayala Narsimhulu, S/o. Late Tayanna, aged about 43 years, R/o. TGL Colony, Adhoni Town, State. on the file of the II Additional Kurnool District, AP. ...Appellant/Accused AND The State of Andhra Pradesh, Represented by Public Prosecutor for Courtof Andhra Pradesh. High ...Respondent/Complainant Counsel for the Petitioner: Sri G Vijaya Saradhi Counsel for the Respondent: Sri Marri Venkata Ramana Public Prosecutor ' Additional The Court made the following: % , APHC011008402017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3528] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL APPEAL NO: 1474/2017 Between: 1.BOYA NARASIMHULU @ CHINTAKAYALA NARSIMHULU, S/0. LATE TAYANNA KURNOOL DISTRICT, AP.STATE. R/0. TGL COLONY,ADHONI TOWN ...APELLANT AND 1.STATE OF ANDHRA PRADESH, Represented by Public Prosecutor for High Court of Judicature at Hyderabad for the state of Telangana and the state of Andhra Pradesh. ...RESPODENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to to allow the criminal appeal by setting aside the judgment dated 25-5-2017 passed in SC.No. 92 of 2014 on the file of the II Additional Sessions Judge, Kurnool at Adoni. lA NO: 1 OF 2017(CRLAMP 2915 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 124 days in filing the criminal appeal against the judgment dated 25-5-2017 passed in SC.No. 92 of 2014 on the file of the II Additional Sessions Judge, Kurnool at Adoni. lA NO: 2 OF 2017(CRLAMP 2916 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enlarge the petitioner on bail by suspending the sentence passed in SC.No. 92 of 2014 on the file of the II Additional Sessions Judge, Kurnool at Adoni, pending disposal of the above criminal appeal. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the execution of the sentence passed in S.C.No. 92 of 2014 on the file of llnd Additional Sessions Judge, Kurnool at Adoni, Judgment dated 25th, May, 2017 and release the 2 Crl.A.No.l474 of 2017 petitioner on bail, pending disposal of the above CrI.A.No. 1474 of 2017 and to pass Counsel for the Apellant: 1. legal aid w/d 2.G VIJAYASARADHI Counsel for the Respondent: 1.PUBLIC PROSECUTOR (AP) The Court made the following JUDGMENT (Per the Hon’ble Sri Justice K.Suresh Reddy) Sole accused in Sessions Case No.92 of 2014 on the file of the Court of II Additional Sessions Judge, Kurnool at Adoni, is the appellant herein. The appellant was tried and convicted by the learned II 2. Additional Sessions Judge, Kurnool at Adoni under Section 302 IPC and was sentenced to suffer imprisonment for ‘LIFE’ and also to pay fine of Rs.lOO/- in default to suffer imprisonment for 15 days. Substance of the charge is that on 21.04.2013 at about 4-00 3. PM, the accused beat one Attar Sadiq (hereinafter called as deceased) with a Pattudu stick twice on his head in the fields of one Golla Sekhar situated behind T.G.L. colony, Adoni, causing his death, thereby the accused committed offence punishable under Section 302 IPC. 4. Case of the prosecution, briefly, is as follows: The accused and the material prosecution witnesses are residents of Adoni town. The deceased was also resident of the same town. The deceased was eking out his livelihood by selling leafy vegetables in front of Jamia Mosque, Adoni. The deceased and PW2 3 CrlA.No.1474 of 2017 have taken land to an extent of Ac.20.00 cents situated behind TGL Colony on lease for an amount of Rs.5,000/- from one Golla Sekhar and raised the crop of leafy vegetables. On 21.04.2013 in the evening at about 4.00 pm, when the deceased, PW2 and PW3 were cutting the leafy vegetables, the accused who is residing in a hut situated by the side of the said land approached them holding a stick in his hand and asked the deceased as to why he beat his Hen, for which, the deceased gave reply stating that he never beat his Hen. Thereupon, the accused dealt two blows on the deceased with Pattudu Stick (Hand Stick). Then, PWs.2, 3 and neighbours came and separated them and the accused left the place. Immediately, PWs 2 and 3 took the injured to Government Area Hospital, Adoni. PW9 Civil Assistant Surgeon, Adoni gave intimation EX.P8 to Sub-Inspectorof Police, Adoni. (ii) At about 8.00 p.m., PW11 Assistant Sub-Inspector, I Town Police Station having received Ex.P8, visited the Area Hospital, found the injured in MS II ward and recorded his statement-Ex.P11. He returned to the police station at about 9.00 p.m. and registered a case in Crime No.85 of 2013 under Section 324 IPC. FIR was marked as At about 10.00 p.m., PW11 once again visited the Hospital EX.P12. and recorded statement of the injured and also recorded statements of PWs 2 and 3. 4 Crl.A.No.l474 of 2017 (iii) On 22.04.2013, PW11 went to the scene of offence, prepared an observation report-Ex.P13 in the presence of PW10 and another. At the scene of offence, he seized MOs.1 to 3 under the cover of Ex.P9. On the same day, he recorded statements of PWs.4 and 5. In the meanwhile, the injured was shifted to Government Hospital Kurnool for better treatment. While undergoing treatment, the deceased succumbed to injuries at Government Hospital, Kurnool. (iv) On 23.04.2013 at about 09.30 a.m., PW11 received death intimation-Ex.P14. Having received the death intimation, he altered the Section of law from 324 to 302 IPC. Alteration memo was marked as Ex.P15. Further the investigation was taken over by PW12- Inspector of Police. On 23.04.2013, PW12 received Ex.P15 from PW11 along with Case Dairy and he verified the investigation conducted by PW11 and found it on correct lines. On the same day, he held inquest over the dead body in the presence of PW6 and another at Government Hospital, Kurnool. He sent the dead body for postmortem examination. (v) PW.8 Associate Professor, Forensic Medicine, Kurnool Medical College conducted autopsy over the dead body and opined the cause of death was due to “Intracranial Hemorrhage due to head injury” and he issued Postmortem certificate Ex.P7. (vi) On 24.04.2013, PW.12 visited the scene of offence and recorded statements of PWs.2 to 5. On 28.04.2013 he sent Material Objects to FSL Kurnool for analysis. RFSL report was marked as 5 Crl.A.No.l474 of 2017 EXS.P16 and P17. On 30.04.2013, PW12 arrested the accused at Yellamma Temple in the presence of PW10 and another under the cover of Panchanamma Ex.PIO. The statements of PWs2 and 3 were also recorded by PW7-Junior Civil Judge, Yemmiganur under Section 164 Cr.P.C. After receipt of postmortem report and FSL reports and after completion of investigation, PW12 filed charge sheet, in support of its case, the prosecution examined PWs.1 to 12 5. and marked Exs.P1 to PI7 and exhibited MOs.1 to 3. 6. When the accused was examined under Section 313 Cr.P.C., he denied the incriminating evidence appearing against him. Accepting the evidence of PW2 and Ex.PII, the learned II Additional Sessions Judge convicted the accused as aforesaid. 7. Heard Sri G.Vijaya Saradhi, learned counsel for the appellant and Sri Marri Venkata Ramana, learned Additional Public Prosecutor for the respondent/State. 8. We have carefully scrutinized the entire evidence on record. 9. PW1 is the father of the deceased. But, PW1 is not an eye witness to the incident. PWs.2 to 5 are shown as eye witnesses. But unfortunately, PWs.3 to 5 did not support the prosecution. As such, the evidence of PW2 alone is available on record. Apart from the evidence of PW2, the dying declaration Ex.PII recorded by PW11 is available. Except the evidence of PW2 and the dying declaration Ex.P11, there is no other material. Admittedly, according to the evidence of PW11 6 Crl.A.No.l474 of 2017 coupled with the evidence of the doctor-PW9, the injured conscious and coherent when his statement was recorded. In the dying declaration, the deceased has stated that when he was cutting leafy vegetables in the evening on 21.04.2013 along with PWs 2 and 3, the accused came there and questioned him as to why he beat his Hen. When the deceased refuted the said allegation, the accused beat the deceased on his head twice with Pattudu stick (Hand Stick). Even in the evidence of PW2, the same version was spoken by him. When we carefully analyze the evidence of PW2 coupled with Ex.PII, there was is nothing to indicate that the incident is a premeditated one and in fact the accused was not armed with any deadly weapon. 10. Even according to the prosecution, the hut of the accused was situated by the side of the said land, in which leafy vegetables were grown. It is in the evidence of PW2 and the statement-Ex.P11 stating that at the relevant point of time, the accused came there by holding Hen in one hand and Pattudu Stick (Hand Stick) in another hand. The accused suspected the deceased was responsible for killing his Hen. When the accused questioned, the deceased stating that he killed the hen and he later denied and it is only thereafter the accused gave two blows on the head of the deceased with Pattudu stick. Even according to the prosecution, through the evidence of PW2 and the dying declaration Ex.PII, it is not their allegation that the deceased came there with an intention to kill the deceased. 7 Crl.A.No.l474 of 2017 11. Admittedly, there is no intention on the part of the accused to kill the deceased. It is only during the course of altercation, the accused gave two blows with a hand stick. As such, we have no hesitation to come to the conclusion that the accused has no intention to kill the deceased. As such, the conviction and sentence imposed against the appellant under Section 302 IPC is not sustainable. The accused beat the deceased on his head with a hand stick with an intention to beat him in order to cause injuries. If really, the accused intended to kill the deceased he ought not to have stopped with two blows and ought to have inflicted few more blows on the deceased. Further, killing of the Hen, belonging to the accused, was a sudden provocation for him to cause injuries on the deceased. I 12. In view of the aforesaid facts and circumstances, we are inclined to allow the appeal in part by setting aside the conviction under Section 302 IPC instead the appellant is convicted under Section 304 part-11 IPC. In the result, the Criminal Appeal is allowed in part by setting aside the conviction and sentence recorded by the learned II Additional 13. Sessions Judge, Kurnool at Adoni in S.C.No.92 of 2014 dated 25.05.2017 under Section 302 IPC, instead the appellant is convicted for the offence under Section 304 part-ll and sentenced him to the period already undergone while maintaining the fine amount. As the 8 Crl.A.No.I474 of 2017 appellant /accused was already enlarged on bail by this Court by order dated 29.9.2022, he is directed to appear before the Superintendent, Central Prison, Kadapa for completing the legal formalities in terms of the judgment rendered by the combined High Court in Batchu Ranga Rao & others Vs. State of A. P.\ •• \ Consequently, miscellaneous petitions, if any, pending shall stand closed. . 2016 (3) ALT (Crl.) 505 (DB) (AP) Sd/- S.V.S.R.MURTHY \ JOINT REGISTRAR f. //TRUE COPY// SECTt0N OFFICER 1. The II Additional Sessions Judge, Adoni, Kurnool District (with records if any) 2. The Judicial Magistrate of First Class, Adoni, Kurnool District 3. The Superintendent, Central Prison, Kadapa, YSR Kadapa District 4. The Station House Officer, Adoni I Town Police Station, Kurnool District 5. One CC to Sri. G Vijaya Saradhi Advocate [OPUC] 6. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 7. Boya Narasimhulu @ Chintakayala Narsimhulu, S/o. Late Tayanna, aged about 43 years, R/o. TGL Colony,Adhoni Town, Kurnool District 8. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi 9. Two CD Copies To, Stu sree HIGH COURT DATED:14/07/2025 JUDGMENT CRLA NO. 1474 OF 2017 ALLOWING THE CRIMINAL APPEAL IN PART