MALE EDIGI KANTHAMMA Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein challenging the judgment dated 11.02.2008, passed by the I Additional Sessions Judge, Mahabubnagar, in Criminal Appeal No.59 of 2007, whereunder and whereby the conviction and sentence passed against the revision petitioner herein for the offence punishable under Section 37 -A of A.P. Excise Act, 1968 (for short, 'the Act') vide the judgment dated 13.04.2007 in C.C.No.621 of 2006 by the Special Judicial Magistrate of I Class for trial of cases under Prohibition and Excise Acts, Mahabubnagar, was confirmed.

(2.) THE revision petitioner herein is the accused, whereas respondent is the State in C.C.No.621 of 2006 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the C.C. before the trial Court.

(3.) THE brief facts of the case are that on 30.09.2004 at about 9.30 a.m. PW1 lodged a complaint to the police, Addakal stating that on 29.09.2004 at about 10 a.m., his wife Urmila and his sister -in -law Shivamma and some others went to cut paddy crop in the fields of PW8 Pedda Kondanna and attended the labour work till evening. PW8 paid each of them Rs.20/ - and gave one toddy bottle. At about 7.00 p.m., PW8 took the said Urmila and Shivamma to the toddy shop of the accused, who supplied one toddy bottle to them on the instructions of PW8. After having toddy, while they were returning to their respective homes, PW1's wife Urmila fell down on the ground near the house of one Avula Kondanna. At that time, PW1's brother Shankaraiah shifted Urmila from the road, found her dead and informed the same to PW1. PW1 suspects that his wife might have died due to consumption of toddy, as such he requested for necessary action in the matter. PW9 received the complaint and registered as a case in Crime No.107 of 2004 for the offence punishable under Section 174 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.) and took up investigation. During the course of investigation, PW9 recorded the statements of witnesses and after receiving the post -mortem examination certificate, F.S.L. report and inquest report, he altered the section of law and filed the Charge sheet for an offence punishable under Section 272, 304 -II of the Indian Penal Code, 1860 and under Section 34(a) of the Act.