2011 (1) TMI 1309 - SC - Indian Laws

Whether there are mitigating circumstances in the case in favour of the respondents to show that in spite of the fact that they had committed the offence they did not intend to kill the deceased. Thus, they are liable to be convicted under Section 304 Part-II IPC read with Section 34 IPC?

Issues Involved:
1. Acquittal of respondents under Sections 302 read with 120-B IPC by the High Court.
2. Evaluation of evidence and circumstances leading to the conviction by the trial court.
3. Consideration of self-defense and exceeding the right of self-defense.
4. Incriminating circumstances and their evaluation by the High Court.
5. Legal principles for setting aside acquittal and framing charges under different penal provisions.

Detailed Analysis:

1. Acquittal of Respondents Under Sections 302 Read with 120-B IPC by the High Court:
The High Court of Andhra Pradesh acquitted the respondents of charges under Sections 302 read with 120-B IPC, reversing the trial court's judgment. The High Court concluded that there was no evidence of conspiracy between the accused and that the prosecution failed to prove its case beyond a reasonable doubt.

2. Evaluation of Evidence and Circumstances Leading to the Conviction by the Trial Court:
The trial court convicted the respondents based on several incriminating circumstances:
- The deceased was present in the flat rented by the respondents.
- The fatal injuries were inflicted in the same flat.
- The accused approached Dr. U. Srinivas (PW.3) immediately after the incident, and the doctor found the deceased lying in a pool of blood with closed doors and windows, indicating a guilty conscience.
- The weapon (hammer) used was not typically found in households.
- Blood-stained articles were seized from the flat, and the floor had been cleaned before the doctor's arrival.
- The injuries could not have been caused by a fall, as per medical evidence.

3. Consideration of Self-Defense and Exceeding the Right of Self-Defense:
The defense claimed that the deceased tried to molest Rama Raghuraman (A.1), leading her to act in self-defense. The trial court found that even if this version were true, the accused exceeded the right of self-defense. The High Court, however, did not adequately address this issue and acquitted the respondents without considering the extent of injuries and the circumstances leading to the incident.

4. Incriminating Circumstances and Their Evaluation by the High Court:
The High Court failed to consider the incriminating circumstances highlighted by the trial court, such as the grievous injuries, the presence of the accused at the scene, and the immediate actions taken by the accused post-incident. The High Court's judgment was deemed cryptic and sympathetic towards the accused, lacking a thorough examination of the evidence.

5. Legal Principles for Setting Aside Acquittal and Framing Charges Under Different Penal Provisions:
The Supreme Court emphasized that an appellate court must consider the entire evidence and not set aside an acquittal casually. The court must ensure that the trial court's judgment was not perverse or unsustainable. The Supreme Court cited precedents, noting that a conviction under a different penal provision is sustainable if no prejudice is caused to the accused by the non-framing of specific charges.

Conclusion:
The Supreme Court found the High Court's judgment unsustainable due to its failure to address the incriminating circumstances and the grievous nature of the injuries. The Supreme Court held the respondents guilty under Section 304 Part-II read with Section 34 IPC, considering the mitigating circumstances that the accused did not intend to kill the deceased and took steps to save his life post-incident. The respondents were sentenced to five years of rigorous imprisonment each, with any period already served to be set off in accordance with the law.

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