Partly allowed

Amhed Bin Jabeer, v. The State of Andhra Pradesh

Telangana HC10 Oct 2022CRLA/597/2010

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a criminal appeal against a conviction under Section 324 IPC. While the conviction was upheld, the court reduced the sentence to the period already undergone by the appellant, finding that further incarceration would not meet the ends of justice given the lapse of time.

What did the court decide?

Criminal appeal partly allowed; sentence reduced to the period already undergone.

Amhed Bin Jabeer, Vs The State of Andhra… — Murder and Culpable Homicide | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY,THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL APPEAL NO: 597 F 2010

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Crl.Appeal Under Section 374 (2) of Cr.P.C. against the Judgment dated 29-03-2010 in SC.No.475 of 2009 on the file of the Court of the lll Additional District and Sessions Judge (FTC) Asifabad.

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Between:

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Ahmed Bin Jabeer, S/o. Mohammed, Occ: Coolie, Rl/o. Sia Colony, Sirpur - T, Adilabad District.

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...APPELLANT/ Accused No. 1

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AND

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The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad.

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...RESPONDENT

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Counsel for the Appellant: SRI MOHAMMED RAHAIL AHMED

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Counsel for the Respondent: THE PUBLIC PROSECUTOR

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The Court delivered the following: Judgment

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Crl.Appeal No.597 of 2010

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THE HONI)URABLE SRI JUSTICE K.SURENDER

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CRIMINAL APPEAL No. 597 OF 2O1O

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JUDGMENT:

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This Criminal Appeal is filed under Section 374(2) of Code oftCriminal Procedure (for short "Cr.P.C.'J by the appellant/accused No.1 aggrieved by the conviction recorded by the III Additional District and Sessions Judge (FTC) at Asifabad in Sessions Case No.475 of 2009 dated 29.03.2010 convicting the accused No.1 for the offence under r. lii, , ll I Section 324 of^{tndian Penal Code and sentence} of^rigorous ,: imprisonment for a period of one year.

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2 The case of the prosecution is that on 14.01.2009 there was a dispute which took place regarding dish cable. The accused and PW1 who is the daughter of the deceased are neighbours. While PWl and others are watching W, the cable connection was cut by Accused No.1 and when questioned, the appellant herein who is Accused No.1, injured PWI with a sickle on her forehead. Further, it is alleged that thg acquitted Accused/Accused No.2 allegedly threw a stone on her deteased mother which hit her mother on the head and caused injuries on the back side of the head. However, the mother of PW1 was taken to the hospital and she was brought back on 16.01.2009 for

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Crl.Appeal No.597 of 2010

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the reason of the doctors refusing to undertake any operation due to her age factor. The mother of PW1 died on the next date.

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J2 Learned Sessions Judge having examined the witnesses PWs 1 to 17, marking Exs.Pl to P34 on behalf of the prosecution and DWs 1 and 2 and Ex.D1 on behalf of the defence, found the appellanfficcused No.1 guilty of the offence under Section 324 of IPC.

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4 The learned Sessions Judge found that the deceased who is the mother of PW1 received four injuries. When the case of'the prosecution is that A2 had threw a stone which hit on the back side of the head of the deceasecl from a distance, the question of the deceased receiving four injuries does not arise. The said injuries which were received by the deceased would have been on account of her falling down while going to the police station at a construction site.

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5 Heard. Perusecl the record.

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6 Learned Assistant Public Prosecutor submits that the State has not preferred any appeal against the acquittal of Accused No.2 for the offence under Section 302 of IPC. The charge against this appellant/Accused No.1 is that he had injured PW1 with a sickle.

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crl.Appeal No.597 of 2010

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7 As seen from the medical evidence, PW1 received one grievous injury. The vei-sion of PW1 who is; an eye witness to the said incident cannot bc. disbelieved. Though the appellant has taken a defence of false implication, for the reason of an altercation which took^place, cannot be believed.

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8 In the circumstances of PWl receiving a grievous injury, the conviction recorded by the learned Sessions Judge under Section 324 of IPC is maintained. However, the irrcident is of the year 2009, nearly 14 years have elapsed since the date of incident, this Court finds that sentencing the appellant/Accused No.1 to the period already undergone would meet the ends of^justice.

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9 Accordingly, the Criminal Appeal is partly allowed reducing the sentence of imprisonment of the appellant/Accused No.1 to the period al ready u ndr-,rgone.

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Miscellaneous applications, if any pending in this criminal appeal, shall stand closed.

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SD/-B.S.CHINRANJEEVI JOINT REGISTRAR //TRUE COPY// - ' '^'"''" '\1 ',. SECTION^OFFICER

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To,

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The lll Additional^{District and Sessions Judge (FTC) Asifabad, Adilabad} District.⁽ with records)

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ine Judiciat First Clads^{Magistrate, Sirpur, Adilabad District'}

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J The Station House^{Officer, Sirpur Police Station, Adilabad District'} 4 Two CCs to Public^{Prosecutor, High Court for the State of Telangana at} Hvderabad.^(OUTt

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1. Oil"-CC i" S'ri Mohammed^{RahailAhmed, AdvocateIOPUCI} 6. Two CD Copies Kul gbr

'[i _

\ I

HIGH COURT

DATED: 1011012022

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A4 JA !;

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JUDGMENT

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CRL.APPEAL No.597 of 2010

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PARTLY ALLOWING THE CRIMINAL APPEAL

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Amhed Bin Jabeer, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Amhed Bin Jabeer, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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