STATE OF A P Vs. PALAGIRI ACHIREDDY

JUDGEMENT

(1.) This appeal by the State, represented by the learned Public Prosecutor is directed against the judgment of the learned I Additional Sessions Judge, Cuddapah in S.C.No. 141 of 1991 Dt. 20-4-1993 convicting A5 to A8 (respondents herein) for the offence under Section 304 Part II of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for a period of five years for causing the death of one Pamuluri Subba Reddy, hereinafter referred to as the deceased, on 13-2-1991 at about 7 a.m. in Korrapatipalli village by beating him with sticks.

(2.) Altogether fifteen accused were tried for causing the murder of the deceased and for inflicting simple and grievous injuries on P.Ws. 1 to 6. The learned I Additional Sessions Judge acquitted A-1 to A-4 and A-9 to A-15 but convicted A-5 to A-8, the respondents herein, believing the substratum of the prosecution story regarding the manner in which the crime was committed. As the prosecution story was believed only in part regarding the culpability of four of the fifteen accused, the learned I Additional Sessions Judge, invoking Section 34 IPC, found them guilty under Section 304, Part II of the Indian Penal Code.

(3.) The learned Public Prosecutor says that the learned I Additional Sessions Judge ought to have convicted A-5 to A-8 under Section 302 IPC since the evidence clearly shows that the deceased died of injuries to the head and when sticks were used it must be presumed that the accused inflicted injuries which are sufficient in the ordinary course of nature to cause death, as per clause (3) of Section 300 IPC.