Dismissed

Mohd. Dastagir Quadri, v. the State of Ap Rep by Its Pp Hyd.

Telangana HC13 Jul 2023CRLA/1362/2010

Case brief

AI extract

What is this about?

In a criminal appeal against conviction and sentence for attempted murder under Section 307 IPC, the High Court found no infirmity in the trial court's assessment and dismissed the appeal upon hearing, cancelling bail.

What did the court decide?

Criminal Appeal dismissed; bail bonds cancelled; appellant to be apprehended and sent to prison to serve remaining sentence.

Mohd. Dastagir Quadri, Vs the State of Ap Rep… — Murder and Culpable Homicide | Telangana HC (2023)

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BAIL SLIP : The Petitioner/ Accused was directed to be released on bail by the order of the High Court dated 12-11.2010 in Crl.A.M.P.No. 21 50 of 2010 in Crl.A. 1362 of 2010.

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[^32s1 ]

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IN HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY ,THE THIRTEENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL APPEAL NO: 1362,OF 2010

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Criminal Appeal Under Sectlon 374(2) o'f Crl.P.C €gainst the Judgment Dated 06.08.2010 in S.C.No. 81 of 2010 on the file of the Court of the ll Addl. Metropolitan Sessions Judge, Hyderabad

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Between:

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Mohd. Dastagir Quadri, S/o M.A.Lateef Quadri, Occ: Wall Painter, R/o Near Dhobighat, Talabkattam, Hyderabad.

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...ACCUSED/APELLANT

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AND

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The State of AP rep. by its Public Prosecutor, High Court of A-P., at Hyderabad. ...RESPODENT

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Counsel for the Appellant :SRl. M. C. ACHARYULU

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Counsel for the Respondents: PUBLIC PROSECUTOR

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The Court made the following:

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THE HCINOURABLE SRI JUSTICE K SUREI{DER

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CRWF2ol-Q

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JUDGMENT:

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This Crimiral Appeal is filed by the appel ant accused, questioning the^jud,Jment dated 06.08.2010 passed in 5;.(..No.81 of 2010 by the learned II \dditional Metropolitan Sessions .Judge, ilyderabad.

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On earlier rccasions i.e., on 08.02.2019, 1;.06.20;11,07.07.2023, 11.07.2023 and 12.07.2023, there was no repres,:ntation for the appellant. Even .oday also, none appeared for the apprellant. Since the case is of the ye;r 2010 and the counsel for the aopellant did not appear in spite of the case being listed repeatedly, I l^ave lyore through the record and dlsposing of this appeal on merits.

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Briefly the :ase of the prosecution is that abrout 11 years ago, PW1 was married to allpellant and they had three children.^{--\ 'o} years prior to flling of the pres:nt complaint, appellant left PW1 and sincr: then, PW1 was living separa:ely with her children. On 28.10 2009, vvhen PWl went to attend a funt ral, appellant met her and accompanir-.d her to their house and stayec along with them. On 01.11.2009, appe lant asked PW1 to give Rs.5,000/ to him and when she expresseci her inability, appellant beat her with h rnds and chappal. ,_.He further strargulated her with chunni placing it around the neck of PW1. PW. becilnte tnconscious.

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Later, she was taken to hospital and police went to the hospital and recorded her statement. On the basis of statement of PW1, police registered a case in Crime No.242 of 2009 and investigated the case. Charge sheet was filed and numbered as S.C.No.81 of 2010 before the learned II Additional Metropolitan Sessions Judge, Hyderabad.

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During the course of trial, having examined the witnesses PW1 to PW5 and marking Ex.Pl to Ex.P5 on behalf of the^prosecution and after hearing arguments on both sides, the learned Sessions Judge found the appellant guilty of the offence^punishable under Section 307 of IPC and accordingly, convicted and sentenced him to undergo Simple Imprisonment for seven (7) years.

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PW1, who is the wife of appellant, suppofted the prosecution case and stated that the appellant had beat her and strangulated her with a chunni tied around her neck. PW2 who is the son of appellant and PWl, aged 8 years, stated that appellant beat his mother with hands and also tied chunni around her neck. Due to suffocation, his mother - PW2 fell unconscious. He further stated that when he came out and shouted for help, some workers and a driver came there and took her mother to a hospital.

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I I

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I I

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PW1 was tr,:ated by Dr.Shamaila and Ex.P2 is the injury certificate issued by her. it was mentioned that PW1 has receivel grievous injury due to hanging.

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The defencc taken by the appellant is that he w;rs not present in the house, when :he incident had taken place anc he ha:,, nothing to do with the said inci(Lent. At the time of sentencing rim, rvhen the learned Sessions Judge cuestioned him regarding the senten<:e, tl-e appellant informed to the Court that he and PW1 were living together.

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The eviden<e of PWl - wife and PW2 - son is corsi;tent regarding the indiscriminate beating and the appellant trying to kil P\4/1 by tying chunni around ht:r neck and tightening it. Furtrer, the: Doctor found grievous injury or the neck of PW1 and she opined th,lt the injury was result of hanging.

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To attract an offence punishable under S'ectiorr 30,'of IPC, a person should have done any act with an intention or l<nowledge that such act would ca:se death.

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The appellr nt beating PW1 indiscriminately and thert:after, tying chunni around lrer neck and pulling it tightly urrti she became unconscious, would amount to an offence punishable uncler Section 307 of IPC for attempting to murder PW1.

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Nothing is elicited in the cross examination to discredit the evidence of PW1. There is no reason why PW1 and PW2 who are wife and son of appellant would speak false against the appellant.

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In view of the aforesaid reasons, I find no infirmity with the order passed by the learned Sessions Judge in convicting the appellant for the offence punishable under Section 307 of IPC and the appeal is liable to be dismissed.

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Accordingly, the Criminal Appeal is dismissed. This Court, vide its order, dated l2.tL.20LO in Crl.A.M.P.No.2150 of 2010, directed release of the appellant - accused on bail on the terms and conditions mentioned therein. In view of dismissal of the Criminal Appeal, the bail bonds of the appellant - accused shall stand cancelled and the Sessions Judge concerned shall take immediate steps to apprehend the appellant^- accused and send him to^prison to serve the remaining sentence of imprisonment. Registry is directed to communicate a copy of this Judgment to the concerned Court forthwith.

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Miscellaneous Petitions, pending if any, shall stand closed.

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SdIT.SRINIVAS DEPU}REGISTRAR //TRUE^COPY// L]D SECiION^OFFICER

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To, 1. rhe^{ll Additional rvletropolitan sessioT.'"11ti;?fEttiabad(withrecords)} 3 ?1,""?%f^{,3 il"4,3i lS;L'";' iil'il;i t'- tn" st't" or rerangana' at}

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Til:"J::i:1""'-?er,^{criminal Section' Hieh courtror the Stateor relansana}

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^ at HYderabad' 5. Two^{CD Copies}

HIGH COURT

DATED:13/07/2023

JUDGMENT

CRLA.No.1362 of ::010

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DIS[/ISSING THE CIlIN/INAL APPEAL

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Mohd. Dastagir Quadri, v. the State of Ap Rep by Its Pp Hyd.

Case brief

What is this about?

What did the court decide?

Mohd. Dastagir Quadri, v. the State of Ap Rep by Its Pp Hyd.

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

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