Yeleti Venkat Reddy vs The State Of A.P.

Case No.405/1995

Andhra High Court

Bench: Hon’ble P.S. Narayana, J.

Date of judgment: 5^th October 2004

Relevant Acts/Sections:

• Section 304(ii) of IPC ((culpable homicide not amounting to murder)
• Section 302 of IPC (Punishment for murder)
• Section 324 of IPC (Voluntarily causing hurt by dangerous weapons or means)
• Section 304(i) of IPC (punishment for culpable homicide not amounting to murder)
• Section 313 of CrPC (Power to examine the accused)

Backstory

In this case, the accused is the brother of the deceased and they have got some agricultural land of Bopparam village and the said land was in dispute. According to prosecution, the deceased raised jowar crop during the year of occurrence. On 21-02-1995 at about 2.00 p.m while YeletiVasantha along with her husband deceased-Upender Reddy were attending the agricultural operations, accused came there with cartpeg and picked up a quarrel with the deceased and beat the deceased on his head and other parts, causing severe injuries and the accused also beat P.W.1 and the deceased succumbed to injuries at Osmania General Hospital, Hyderabad on 27-02-1995 i.e., six days after the incident. After completing an investigation, the Circle Inspector of Police, Suryapet, filed a charge sheet against the accused.

P.W.8 Dr.G.Shankar had done postmortem and the findings of the injuries.

Taking overall facts into consideration, this Court remained that the deceased died after six days of the incident, wherein the accused also received certain injuries. It cannot be said that the offense would fall under Section 304-I IPC but the offense would fall under Section 304-II IPC.

Postmortem Findings

According to Dr.G.Shankar examined P.W.1 YeletiVasantha on 21-02-1995 and found the following injuries:

1. Contusion over right forearm 10″ x 5″.
2. Linear contusion over left scapular 23″ x 4″.
3. Contusion over right knee 6″ x 6″.
4. Linear contusion over right shoulder 5″ x 2″.

He found that all the injuries are simple and might have been caused by blunt objects. The doctor has examined her and found the injuries on her body. He has also examined Upender Reddy and found the following injuries.

1. Cut injury over left elbow on anterior aspect 4″ x 1/2″ duration 6 to 12 hours.
2. Cut injury over the lower part of the neck on the right side 6 cm. x 1/8 cm. x 1/8 cm. The duration is 6 to 12 hours.
3. Another cut injury below 2nd injury 2″ x 1/8″. The duration was 6 to 12 hours.
4. Abrasion over left knee 3″ x 3″. The duration was 6 to 12 hours.
5. Swelling over left knee with crepitous. Fractured Patella.
6. Abrasion over the right knee is 1″ x 1/2″. The duration is 6 to 12 hours.
7. Deformity of the right forearm on the lower end. Fracture both bones right forearm lower end.
8. Cut injury over right index finger 3″ x 1″ x 1/2″. The duration was 6 to 12 hours.
9. Cut injury over right little finger 2″ x 1/2″ x 1/2″. The duration was 6 to 12 hours.
10. Cut injury over vertex on anterior side 4″ x 1 1/2″ x 1″.

The duration is 6 to 12 hours.

11. Contusion over right shoulder 15″ x 5″ x 3″. The duration is 6 to 12 hours.

He found 11 injuries. He found cut injuries on the elbow and the right side two injuries. The doctor had opined that the injury can be caused by a weapon. On the same day he had examined the accused and found the following injuries:

1. Abrasion over right leg 5″ x 5″.
2. Contusion over the left calf muscle 1.5″ x 5″.
3. Laceration over the vertex 5″ x 2″ x 2″.
4. Laceration over the vertex beside injury No.3 4″ x 2″ x 2″.

He has found that the duration of the injuries was 6 to 12 hours. They can be caused by an object similar to cartpeg.

Dr.G.M.Krishna Rao conducted Post Mortem over the dead body of Upender Reddy on 27-02-1995 at 10.30 A.M. He noticed the following external injuries.

1. Sutured lacerated injury 4 cm. long in sagittal place over the middle of the frontal region of the head.
2. Fracture of distal phalangeal bones of Index, ring, and little fingers of the right hand.
3. Fracture of both bones of right forearm in the lower one third.
4. Fracture of the left patella.
5. Fracture of both bones of the right leg below the knee.
6. A linear abrasion 5 cm. long, transverse over the right side of the front of the root of the neck.

He has also found internal injuries.

A contusion 3 cm. The diameter over the right occipital region of the head was found.

There was no external injury corresponding to this injury.

Subarachnoid hemorrhage 2 cm in diameter over the right occipital region of the brain, connecting to internal injury No.1.

Skull was intact. The stomach is empty. Mucuousmembrance is normal. No suspicious smell was there. No abnormalities in any other region. The heart is normal. There was no blood in the heart. The liver was also normal. He stated that there is no corresponding external injury regarding the injury over the right occipital region of the head. According to him, he found contusion 3 cm over the right occipital region on the head. He stated that there is no external injury corresponding to this injury. He further asserted that internal injury can exist without corresponding external injury. The blow from the backside also can cause injuries. This is a case where the injuries are said to have been caused on the head. In any view of the matter, he found the injuries inside the brain and also he found that vessels supplying the blood to the brain were damaged resulting in bleeding.”

Judgment

The appellant-accused was convicted under Section 304-II IPC and the appellant-accused undergone rigorous imprisonment for three and a half years and also to pay a fine of Rs.100/- in default simple imprisonment for one week. It is brought to the notice of this Court that the accused was in judicial custody for sufficiently a long time and the said period has to be given set off.

The criminal appeal was partly allowed. The bail bonds of the accused were stand canceled. The accused served the rest of the sentence. It was needless to say that accused was also entitled to set off, if any, in accordance with the law.