Dismissed

Banchodu Vishnu v. The State of Telangana

Telangana HC19 Nov 2024CRLA/855/2016

Case brief

AI extract

What is this about?

Husband convicted of murdering his wife by cut-throat injuries; he also self-inflicted injuries and claimed the attack occurred in a fit of anger over suspected infidelity. The High Court found PW1 and PW2's evidence reliable, held intent to cause death was established from the nature of the incised wounds, and dismissed the appeal confirming life sentence.

What the court decided

AI extract

Banchodu Vishnu Vs The State of Telangana — Murder and Culpable Homicide | Telangana HC (2024)

¶1

[³⁴²⁸ ]

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

TUESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENry FOUR

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI JUSTICE K. SARATH

¶6

CRIMINAL APPEAL NO: 855 OF 2016

¶7

Appeal filed under Section 374(2) of Cr.P.C against the^judgment dated 27-03-2015 made in S.C.No.483 of 2011 on the file of the Court of the Vlll Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar.

¶8

Between:

¶9

Banchodu Vishnu, S/o.Late B. Kishan, aged about 26 years, Occ Car Driver R/o. H.No. 5-6-703, Sevaknagar, Agapura, Nampally Hyderabad

¶10

...APPELLANT(ACCUSED)

¶11

AND

¶12

The State of Telangana. through SHO, Jeedimetla Police Station, R.R.District Rep. by Public Prosecutor, high Court, Hyderabad

¶13

...RESPONDENTS(COMPLATNANT)

¶14

lA NO: 1 OF 2023

¶15

Petition under Section 389 (1) of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enlarge the petitioneriappellant herein on bail by suspending the sentence imposed in SC.No.483 o'f 2011 on the file of Vlll Addl. District & Sessions Judge, Ranga Reddy District at L.B.Nagar pending disposal of the Crl.A.No.855 ot 2016.

¶16

Counsel for the Appellant: M/s. D. Madhavi

¶17

Counsel for the Respondent: Additional Public Prosecutor

¶18

The Gourt delivered the following JUDGMENT:

¶19

THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOU,RABLE SRI JUSTICE K. SARATH

¶20

CRIMINI,L APPEAL No.855 Or 2016

¶21

JUDGMENTz (per Hon'ble Sri Justice K.Surender)

¶22

This appeal is liled aggrieved by the judgment dated 27.O3.2OI5 passecl in S.C.No.483 ol 20tl on the file of learned VIII Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar, convicting the appellant/accused for the offence punishable under Section 3O2 of. Indian Penal Code (for short 'lPC') and sentencing him to imprisonment for life and also to pay a fine of Rs.1,O0O/- and in case of default, to undergo simple imprisonment for three months.

¶23

Heard Ms. D. Madhavi, learned counsel frrr the appellant/accused and learned Additional Public Prosecutor for respondent-State.

¶24

:".

¶25

The case of the prosecution is that the appellant was married to the deceased on 22.05.2O10 and they were staying in the house o[ the parents r>[ the

¶26

¶27

KS. .t & SK, J Crl A No 855 of20l5

¶28

deceased/wife. The appellant used to suspect that the deceased was having an affair and used to quarrel with her frequently. On 15.07.2010 in the midnight after having dinner both the deceased and the appellant went into their bedroom. PWl, who is the mother of the deceased, and PW2, who is the sister of the deceased, were present in the house. According to them, around 11:30 PM, they heard the deceased shouting as "Amma Amma". They went and knocked the door, but, the appellant did not open the door immediately. After sometime, the appellant opened the door. At that time, the deceased was found in a pool of blood with injuries on her throat, hands, mouth and chest. After opening the door, the appellant was found inflicting injuries on himself on his neck and fell down. Both were taken to the hospital. The deceased died even before going to hospital. PWI who is the mother of the deceased, lodged complaint with the Police Station that at about 1l:30 PM, both the appellant and the deceased had quarrelled and the appellant stabbed the deceased twice with a knife. The complaint was

¶29

KS, t& SK. J ( rl A No 855 ol 1016

/ ,/

filed at 01:30 AM which is within three hours of the incident.

¶36

After the deetth, on the same day, PW8/Doctor conducted Post Mortem Examination and concluded the same at 02:O0 PM. He found the following ante-

¶37

mortem injuries on the dead body of the deceased.

¶38

Cut insized injury 5x 2 Cms on right side of the neck.

¶39

Cut insized injury 3x 2 Cms on Sternal notch.

¶40

Cut insized injury @eep) 6x 2 Cms muscle deep belout chin, margins cleanlg cut and euerted. Trachea cut and separated. 4. Hyoid bone, Thgroid cartilage, normaL

¶41

and intact.

¶42

Deep cut insized injery 7x 3 Cms on lateraL aspect of left lower leg.

¶43

Cut insized wound 3x 2 Cms on Left

¶44

foreamt.

¶45

Cut insized unund 6x 3 Cms (muscLe deep) on lateral aspect of left upper arm.

¶46

B. Margins cleanly cut, euerted.

¶47

According to PW8, the cause of death was due

¶48

to Hemorrhage due to cut throat injury ancl the said injuries cor-rld be caused due to sharp edged weapon.

¶49

A suggestion was rnade to the Doctor that thc above

¶50

¶51

KS.J&SK.J Crl.A No855 of2016

¶52

I i Ii i I i

¶53

injuries found on the deceased were suicidal or selfinflicted, but the Doctor denied the suggestion.

¶54

The appellant also injured himself and he was treated by PW9, who was working as CMO at Gandhi Hospital. He found the following injuries on the appellant:

¶55

Laceration on the abdomen measuring 2x lx % Cm-s. 2. 5 lacerations in front of the neck measuing 5x lx% Cms, 2x % Cms.

¶56

The appellant was arrested during the course of investigation and charge sheet was ftlcd.

¶57

The learned Sessions Judge found the evidence of PWl and PW2 reliable and accordingly convicted the accused.

¶58

Learned counsel for the appellant argued that the incident had happened in a lit o[ anger as the deceased was having an aflair with someone else. Even in the confession made during the course o[ investigation, the appellant has informed that the

¶59

¶60

5 KS, J & SK, l (il A No 15- ol ?0lr,

¶61

¶62

deceased was talking to someone on phone. In such circumstances, it is the bounden duty of the Investigating Officer to investigate as to the details of the person with'*'hom the deceased was talking. He should have collected the call data of the deceased In the absence of any such investigation being done, the appellant is prejudiced. The appellant is a poor person and no proper defence was taken before trial Court.

¶63

The learned counsel further submits that there were no eye witne:sses and PWl and PW2 did not see the appellant stabbing the deceased. In the complaint admittedly there is no allegation against the appellant, except stating that he was in the room whert: the decerrsed was found dead with stab lnjLlrle s.

¶64

I 1. On tl-rc otht:r hand, learned Public Prosecutor supported the findings of the learned trial Court

¶65

¶66

KS J&SK.J Crl A No.855^('f2016

¶67

In the examination under Section 313 Cr.P.C.,

¶68

when the appellant was asked about the statement of PW1 and PW2, the appellant answered that their statements are false. He stated that on the date of incident he was with his father-in-law till 5 PM and thereafter he came back home and slept. When he woke up in the morning, he found himself in the hospital and he does not know how he received injuries on his neck.

¶69

PWl and PW2 are the only witnesses to the incident. According to PW1 and PW2, they heard thc deceased crying for he1p. They knocked the door and the appellant opened the door, both PW I and PW2 found the deceased with severe bleeding and cut injuries. Then the appellant has inflicted injuries onto himself. Both were taken to the hospital. The appellant has not denied his presence in the house at the time of incident. Even in 313 Cr.P.C.

¶70

KS,J&St(J Crl.A.No.855 of20l6

¶71

¶72

examination, he r;tated that he was present in the house when the irrcident has taken place

¶73

The defence taken by the appellant in his 313 no Cr.P.C. examination regarding his having knowledge about the injuries that were caused to him cannot be believed. According to PW9, there were injuries which were lacerations on the throat, on the neck and abdomen. It cannot be believed that rvhen six laceration injuries were caused on his neck and abdomr:n, he did not even know about the said injuries.

¶74

Though the accused in a criminal case has a right to remain silent and the burden is on the prosecution to prove its case, however, his presence is admittecl in thLe house. There is no reason why PWI and PW2 rvould speak against the appellant and state that hc had inflicted injuries on the deceaLsed.

¶75

8 KS.J&SK.J Crl.A.No 855 ol20l6

¶76

S 16. The alternative defence of the appellant argued by the learned counsel is that the deceased was talking to someone on phone daily and there was quarrel in between them, resulting in the injuries to the deceased and himseH.

¶77

The argument of the learned counsel lor the appellant that the injuries were inflicted in fit of anger cannot be made basis to alter the conviction from 302 to 304 - II IPC. As seen from the evidence ol PW8 coupled with the Post-Mortem Examination report, thc deceased had incised cut injuries that were inflicted with a knife on the neck, on the hands, legs and forearm. It cannot be said that there was no intention on part of the appellant or knowledge that such injuries would cause death.

¶78

Having opened the door on the day of incident when PWs.l and 2 knocked on the door, the appellant inflicted injuries onto himself. That itself would not in any manner help the appellant. As

¶79

¶80

KS.J&SK.J Crl.A.No.855 of20l6

¶81

regards the injunes, which are found on his body, the appellant explained in his 313 Cr.P.C. examination that he did not know as to how those injuries were caused and he woke up in the hospital on the next day. The said version of the accused cannot be believect. Hence, there are no grounds to interfere with the judgment passed by the learned trial Court.

¶82

L9. Accordingly, the criminal appeal is dismissed.

¶83

¶84

//TRUE COPY//

¶85

Sd/. I. NAGA LAKSHMI DEPUTY REGISTRAR

¶86

SECTION OFFICER

¶87

To, 1. The Vlll Additional District and Sessions^{Judge, Ranga Reddy District at} L.B.Nagar.

¶88

The Superintendent, Central^{Prison,Cherlapalli, Ranga Reddy District} 3. Two CCs to the Public^{Prosecutor, High Courtfor the State of Telangana at} Hyderabad. [OUTI

¶89

One CC to M/s. D. Madhavi, Advocate [OPUC] 5. Two CD Copies VH/gh

HIGH COURT

DATED: 1911112024

JUDGMENT

CRLA.No.855 of 2016

-t HF- S r,\ r'c
l t''..-i O 3 APR zIE
'i
/,,.
.-.,:.:;4

¶96

DISMISSING THE APPEAL

¶97

rlla ^/

Banchodu Vishnu v. The State of Telangana

Case brief

What is this about?

What the court decided

Banchodu Vishnu v. The State of Telangana

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Balaji Dongre, Maharastra State Vs P.P., Hyd and 6 Othrs

Kumba Nagender, Medak Dt., Vs the State of Telangana, Rep Pp.

Prabhu Das , Shiva Vs The State of Telangana