SANGARABOINA SREENU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant was put up for trial before the Sessions Judge, Warangal for uxoricide. The accusation against him was that on May 15, 1987 at or about 9.30 p.m. he poured kerosene oil on the body of his wife and set her on fire. The trial Court convicted the appellant under Section 302, I.P.C. but in the appeal preferred by him the High Court set aside his above conviction and convicted him under Section 306, I.P.C. The above judgment of the High Court is under challenge in this appeal.

(2.) This appeal must succeed for the simple reason that having acquitted the appellant of the charge under Section 302, I.P.C. which was the only charge framed against him - the High Court could not have convicted him of the offence under Section 306, I.P.C. It is true that Section 222, Cr. P.C. entitles a Court to convict a person of an offence which is minor in comparison to the one for which he is tried but Section 306, I.P.C. cannot be said to be a minor offence in relation to an offence under Section 302, I.P.C. within the meaning of Section 222, Cr. P.C. for the two offences are of distinct and different categories. While the basic constituent of an offence under Section 302, I.P.C. is homicidal death those of Section 306, I.P.C. are suicidal death and abetment thereof.

(3.) For the foregoing reason the appeal is allowed and the conviction of the appellant under Section 306, I.P.C. is set aside. The appellant, who is on bail, is discharged from his bail bonds.