BHEEMPATI VENKATARAMI REDDY Vs. STATE OF A P

JUDGEMENT

(1.) P.W.1 is the victim and ?,Ws.2 and 3 are wife and mother respectively of P.W.1. The incident is alleged to have taken place in connection with digging of a drainage channal by A-1 in front of the house of P.W.1. On hearing the altercation between A-2 and P.W.3. A-1came and beat P.W.1 with a pestle on his head. Under these circumstances, the only inference that can be drawn is that A-1 went in front of the house of P.W.1 with a weapon. The learned Magistrate believed the evidence of the prosecution witnesses and found A-1 guilty of the offence punishable under Sec.326 IPC and sentenced to him to suffer simple imprisonment for one year, while acquitting A-2 of the charte under Sec.324 IPC. On appeal, the conviction and sentence inflicted on A-1 were confirmed. Hence, the revision by A-1.

(2.) Mr. M.B.Thimma Reddy, learned counsel for the petitioner argued at P.W.2 and 3 are interested witnesses being relations of P.W.1 and their evidence should not be believed. Simply because they are related to P.W.1, their evidence cannot be ignored. From the scene of offence and time of offence and the background under which the offence took place, it can be said that the very presence of the wife and mother, P.Ws.2 and 3 was natural. Related witnesses are the best persons who come out with truth and we cannot except from them that they would eliminate the real culprits and falsely implicate innocent persons as responsible for causing death of their own family member. The evidence of P.W.1 coupled with the medical evidence shows that P.W.1 received grievous injury with a deadly weapon at the hands of A-1-.

(3.) The next question is whether pestle can be described as "a deadly weapon" or not. Even if a stick is used on a vital part and caused grievous injury, it can be said asa deadly weapon. So, it can be taken into account that the pestle with which A-1 has inflicted injury on P.W.1 is a deadly weapon. The conviction under Sec.326 IPC is therefore confirmed. But, however, the sentence of one year simple imprisonment has been reduced to six months.