SISTLA SUDHIR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Although this case comes up in the category of "interlocutory", with the consent of both the learned counsel for the parties, this case is being decided at this stage itself.

(2.) The appellant, has challenged the legality of judgment dated 14-05-2015, passed by the XIII Additional District and Sessions Judge -cum- XIII Additional Metropolitan Sessions Judge, Cyberabad at L.B.Nagar, Ranga Reddy District, whereby the learned Judge has convicted the appellant for the offence under Section 302 IPC, sentenced him to undergo Life Imprisonment, imposed a fine of Rs.5,000/- and further directed to suffer simple imprisonment for a period of six months in default thereof.

(3.) In a short compass the facts of the case are that on 01-10-2012, the appellant lodged a complaint with the Police Station Neredmet, wherein he claimed that on 30-09-2012 at 9.00 a.m., his father had called his mother. However, there was no response. In fact, all the doors of the house were closed from inside. Therefore, they went along with the neighbours into the house. When they opened the door, they found their mother lying on the floor with a head injury. She was unconscious. Therefore, they called their neighbour, Dr. P. Prasad (P.W.2), who declared her dead. Hence, it is assumed that she had slipped and fallen, due to which, there is an injury on the head, which resulted in her death. On the basis of the said complaint, the Police registered an FIR, namely F.I.R.No.385 of 2012 (Ex.P.12) initially under Section 174 Cr.P.C. After receipt of PostMortem Examination Report (Ex.P.10), the section of law was altered to Sections 302 and 498-A IPC. During the investigation, the Police arrested not only the appellant (accused No.1), but also his father, Mr. Sistla Radhakrishnamurthy (accused No.2). Both the accused were put up for trial.