SARALA THIMMAPPA Vs. STATE OF AP

JUDGEMENT

(1.) Mr.Sarala Thimmappa, the appellant, has challenged the legality of the Judgment, dated 07.09.2012, passed by the III Additional District and Sessions Judge (F.T.C), Ranga Reddy District in S.C.No.503 of 2008, whereby the learned trial Court has convicted the appellant for the offence under Section 302 of the Indian Penal Code (IPC), and sentenced him to life imprisonment, imposed a fine of Rs.500/- and further directed to suffer simple imprisonment for one month in default thereof.

(2.) Briefly stated, the facts of the case are that on 26.02.2007 on receipt of the information from Osmania General Hospital, Hyderabad, about the admission of Sarala Nagamani (hereinafter referred to as the deceased) with 93% burn injuries, Habeeb Ahmed, (PW.8), Head Constable of Madhapur Police Station went to the hospital. He sent a requisition to the XIV Additional Chief Metropolitan Magistrate, Hyderabad (PW.9), and recorded the oral statement (Ex.P.4) of the victim. She stated that

(3.) On the strength of the said statement, Habeeb Ahmed (PW.8) registered a criminal case namely Crime No.85 of 2007, for offence under Section 307 IPC. But subsequently, on receipt of information that while undergoing treatment, the deceased died on 27.02.2007 at 1:45 am, S.Jayaram (PW.10), to whom the further investigation was entrusted, altered section of law to Section 302 IPC. He arrested the accused on 02.03.2007. The accused was put up for trial.