ERADU Vs. STATE OF HYDERABAD

JUDGEMENT

(1.) These are Appeals with special leave against the judgment of the High Court of Hyderabad confirming the convictions and the sentences of transportation for life imposed upon the appellants, accused 1 to 4, by the Court of the Additional Sessions Judge, Medak, in respect of an offence under S. 243, A.P.C. corresponding to S. 302, Indian Penal Code.

(2.) The accused 1 to 4, along with one Baldev Muthiah, were charged that they, on or about the 15th day of Isfandar 1359 F. (15th January 1950) at 10 o'clock in the night, abducted one Muneem Lachiah, Telanga, resident of Dognelli, who was at his house, and carried him outside the village where they did him to death, due to enmity, by hitting him with stick and spear and that they took away a silver kardoda and arm kada from his body and that they thereby committed offences punishable under Ss. 243 and 330, A.P.C.

(3.) The learned Sessions Judge convicted the accused 1 to 4 of the offence under S. 243, A.P.C. and sentenced them to transportation for life. The accused 2 was further convicted under S. 337, A.P.C. and sentenced to a term of two years rigorous imprisonment. The sentences of transportation for life were submitted to the High Court for confirmation in accordance with the relevant provision of law in Hyderabad. The High Court of Hyderabad, in appeal, agreed with the conclusion reached by the learned Sessions Judge and confirmed the conviction of the accused 1 to 4 under S. 243, A.P.C. and the sentences of transportation for life awarded to them by the Court below. One of the learned Judges of the High Court simply confirmed the sentence under S. 243, A.P.C. but another learned Judge held that the accused were guilty of the offences under Ss. 243 and 330, Hyderabad Criminal Procedure Code (possibly meaning there by A.P.C.) and sentenced each of the accused to undergo life imprisonment on the above charges ill-realising that, in the whole of the judgment with which he agreed, there was not a word to justify the conviction under S. 330 A.P.C. In substance, the judgment of the High Court came to this that the accused were convicted of the offence under S. 243, A.P.C. and sentenced to undergo life imprisonment in respect of the same.