THAMMU PANDURANGA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(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.

(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: