YERRMSETTI ANJANEYULU Vs. STATE

JUDGEMENT

(1.) THE Appellant has been convicted by the learned Additional Sessions Judge, West Godavari, for an offence under section 304, Part II, Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years. THE facts of the case are simple. It is alleged that at about 10 A.M., on 8th December, 1963 the appellant along with A-2, who has been acquitted, beat P.Ws. 3, 6 and 7 as the cattle under their care was damaging the standing crop in the field of A-2. P.W 3 is a son of the deceased Mutyam. When P.W. 3 reported to his mother (P.W. 2) that he was beaten by the accused, she abused the accused. This is said to be a motive for A-1 and A-2 to beat the deceased at about 9 P.M., on the same day. THE deceased was about 65 years of age. At about 9 P.M., it appears that A-1 and A-2 came to the house of the deceased and called out the deceased from his house. THEy were armed with sticks. P.W. 1 also was there at the time. THE deceased and P.W. 1 asked the accused why P.W. 3 was beaten in the morning. THEy further asked the accused what they would do if they were beaten them by them. In the meantime A-1 gave a blow on the head of the deceased with a stick as a result of which the deceased fell down. It is also alleged that after he had fallen down, the deceased was beaten on the stomach with sticks and when P.W. 1 wanted to lift up his father, he was also given a beating. THE wife of the deceased and his daughter (P.W. 4) also tried to intervene but they were also beaten up. This part of the story has not been believea by the learned trial Judge. It appears that the deceased when he was brought to the verandah of his . house vomited some blood and food. In the morning, he was taken to the Police Station at Ganapavaram and there a report was given. THE deceased could not survive the injuries and died in the Hospital the next day. P.W. 9 who conducted autopsy on the body of the deceased, did not find any external injury thereon. On opening of the brain he found that the membranes were congested and there was haemorrhage on the brain substance on the under surface of the frontal and temporal lobe with haemorrhages in the sub-archnoid space. He has given his opinion that the deceased would appear to have died of concussion of brain due to haemorrhages on the under-surface of frontal and temporal bones with haemorrhages into the sub-archnoid space. But P.W. 9 did not stick to this opinion. It was elicited from him that the haemorrhage to which he has spoken can also be caused by anger and excitement of a quarrel at the highest pitch. He has further admitted that from the data that he had collected in Exhibit P-4 and P-5 it was not possible for him to say whether the haemorrhage was caused due to mechanical violence or due to natural causes. In such circumstances when the opinion of the Medical Officer is not definite with regard to the cause of the death, it cannot be precisely stated that the cause of the death was concussion of the brain. This may also be borne in mind that only one blow was given on the head and that too did not cause any visible injury. In view of this medical evidence, the learned Counsel for the appellant has contended before me that even accepting the case of the prosecution as a whole the evidence does not disclose that there was any intention or knowledge on the part of the appellant to cause such injury which in the ordinary course of nature would cause death and thus the conviction of the appellant under section 304, Part II, Indian Penal Code, cannot be sustained. No doubt, the cause of death is uncertain. THE deceased was an old man and further an argument had started with the accused when they came to ask him why they were being abused. In the heat of the argument, it is just possible there was extravazation of blood in the brain due to causes other than violence. In these circumstances, the view favourable to the appellant has to be taken. I think the appellant did not give that blow with a stick on the head of the deceased with the intention or knowledge necessary to constitute an offence under section 304, Indian Penal Code. Thus accepting the case of the prosecution, the act of the appellant would be covered by section 323,. Indian Penal Code.

(2.) I, therefore, alter the conviction of the appellant from under section 304, Part II, Indian Penal Code, to one under section 323, Indian Penal Code, and impose a fine of Rs. 200 in default of payment of which he will have to undergo two months rigorous imprisonment. With this modification, the appeal is dismissed. Time for payment of fine : One month from the date of receipt of the Judgment in the trial Court. Conviction altered to one under section 323, Penal Code.