EMBETI RAMANAIAH Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal is preferred by A-1 and A-2 who were convicted under Section 304 Part-l of the Indian Penal Code (for brevity 'IPC') and sentenced to undergo rigorous imprisonment for six years and also to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for one month.

(2.) The learned Sessions Judge, Nellore Division, Nellore, in Sessions Case No. 62 of 1994, dated 27-11-1998, recorded the evidence of P.Ws. 1 to 18 and D.Ws. 1 to 5 and marked Exs. P-1 to P-23 and Ex. D-1 and M.Os. 1 to 7 and recorded acquittal of A-3 to A-6 for want of evidence. But, however, found guilty A-1 and A-2 under Section 304 Part-1 IPC.

(3.) Sri Sreenivasa Reddy, learned counsel representing the appellants had pointed out to the defence evidence available on record and would contend that the scene of offence itself is doubtful. The learned counsel also would further submit that the evidence available on record is not trustworthy and the learned Judge having disbelieved the version of the prosecution in relation to the other accused should have given benefit of doubt to A-1 and A-2 also. The learned counsel also had pointed out to the evidence of P.W. 15 who deposed that there is a possibility that the patient might have died due to jaundice. The learned counsel also drew the attention of this Court to the evidence of P.W. 10. Wherein P.W. 10 deposed that while they were proceeding from Gudur to Madras in a car, the injured was attending to answering calls of nature by himself and the injured was in a good condition while he was at Madras hospital. The counsel would submit that in the light of this evidence, it cannot be said that the ingredients of Section 304 Part-l IPC are attracted and at the best, this may fall under Sections 326 IPC. The learned counsel would make it clear that the submission is being made by him, only in the alternative, in the event of this Court coming to the conclusion that the guilt of the accused is otherwise proved in the light of the evidence available on record.