PITTA SATYANARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal has been filed against the Judgment, dtd. 14/10/2009, passed in S.C.No.85 of 2008 by the learned II Additional District and Sessions Judge (Fast Track Court), Srikakulam.

(2.) Appellant is the sole accused. He was tried for the offences punishable under Ss. 302, 427 and 304 II of the Indian Penal Code, 1860 (IPC). By his judgment, dtd. 14/10/2009, the learned II Additional Sessions Judge (F.T.C), Srikakulam found appellant/sole accused not guilty for the offences under Ss. 302 and 427 IPC and found him guilty of the offence punishable under Sec. 304 II IPC, accordingly convicted him and sentenced to undergo one year simple imprisonment and to pay a fine of Rs.25,000.00 and in default of part of the said fine, appellant was ordered to undergo simple imprisonment for a period of six(6) months. Out of the fine amount, Rs.20,000.00 was directed to be paid to PW.1, who is wife of deceased, towards compensation in terms of Sec. 357(3) Cr.P.C. Being aggrieved by the said conviction and sentence, the appellant/accused filed the present Criminal Appeal.

(3.) Case of the prosecution, in brief, is that:- There are civil disputes between the appellant and one Anakapalli Sanyasi Nadu (hereinafter referred to, as 'the deceased') with regard to drawing of irrigation water to their fields from Gorja. While the matter stood thus, on 16/9/2007 at about 7.15 hours, when the deceased went to his fields for attending agricultural works, at that time, the accused, whose fields also located by the side of the fields of the deceased, damaged the bunds of the fields of the deceased, for which an altercation took place between both of them. During that galata, appellant beat the deceased with hands and legs and also with an iron agricultural implement on the head of the deceased, leading to causing of bleeding injury. Later, on the complaint of the deceased, Ponduru Police registered a case in Cr.No.126 of 2007 against the appellant for the offence punishable under Ss. 324 and 427 IPC. The injured-deceased was admitted in the hospital and later succumbed to the injuries while undertaking treatment. Later, the police altered the Sec. of law from Ss. 324, 323, 427 IPC to 302 IPC. The police, after conducting investigation, filed a charge sheet against the appellant/accused.