The High Court · 2025

Counsel for the Appellant : Sri. Elavanatt Rajesh (Legal Aid) Counsel for the Respondent Sri Arun Kumar Dodla, Additional Public Prosecutor The Court delivered the following: THE HONOURABLE SRI JUSTICE K.SURENDDR AND THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.1169 of2Ol7 JUDGMENT: (Per Hon'ble Sri Justice K.Surender) This Criminal Appeal is hled by the appeliant/accused No.1, a6grie',red by the judgment and sentenct': dated

24.O8.2O1',7 in S.C.No.243 of 2016, on the frle of the Special Judge for SC/ST (PoA) Cases-cum-Vll Additional District Judge, Warangal, whereby the appellant was convrcted for the offence punishable under Section 302 of IPC'

2. Heard learned counsel for the appellant/ accus;ed No'1 and Sri ,Arurr Kumar Dodla, learned Additional Public Prosecutor for respondent - State.

3. The case of the prosecution is that on 04-O4.2016, PW.1 and his friend, namely Md. Sohail/decease:d, were travelling together in a train from Narsapur to \agarsol express. Both of them boarded the train on O4'O4 2016 at

5.OO P.M. While they were proceeding to Secunderabad for the purpose of working in a fruit shop, the appellant held the window gri1ls while the train was running. The eLppellant f 2 , :tt abused both PW. 1 and the deceased for sitting at the door steps. Then, they allowed the appellant to enter the bogie. However, the appellant continued to verbally abuse and went away. Again, after some time, while PW. I and the deceased were sitting at the doorsteps, the appellant went there and suddenly pushed the deceased from the running train. The deceased fell down, and some of the travelers pulled the chain of the train, and the train was stopped. PW. 1 and others found the deceased with multiple injuries. The deceased was then shifted to Jangaon Area Hospital, where he was given first aid treatment, and thereafter, he was referred to MGM Hosptial, Warangal, for better treatment. Further, PW. 1 lodged a written complaint on 04.04.2016. The deceased died on 05.04.2016 at 5.OO A.M., while undergoing treatment. The appellant was arrested by the police on the basis of the information given by PW. 1 and others on04.04.2016.

4. The only ground raised by the learned Legal Aid Counsel is ttrat even admitting that the deceased was pushed by the appellant, it will not amount to the offence under w 3 Section 3O2 c:f IPC, and at most, it would amount to an offence under Section 304-II of IPC.

5. Learned l.egal Aid Counsel relied upon the judgment of the Hon'lrle Supreme Court in the case of Surinder Kurnar a. (Jnion Territory, Chandigarhr, which reads as follqws: " Exception 4 to Section 300 rdads as under: "Exception .l: Culpable homicide is not murder if it is committed v hout premeditation in a suddenfight in the heat of passion uport a sudden quarrel and without the offender having tuken undue advantage or acted in a cruel or unusual manner. Explanatiott: It is immaterial in such cases which parfi offers the provocolion or commits thefirst dssaulL" To invoke this exception four requirements must be satisfied, namely, (i) it was a sudden fight; (il there vas no premeditation; (iii) the act was done in a heat of passion; and (iv) the assailtnt had not taken any undue advantage or acted in a cruel nwrurcr. The cause of the quarrel is not relevant nor is it relevant who oJlered the provocation or started the assault. The number oJ v'ounds caused during the occurrence is not a decisit'e -facto. but what is important is that the occurrence must have be<'n sudden and unpremeditated and the offender must have acted tn a fit of anger. Of course, the offender must not have taken Luly undue advantage or acted in a cruel nanner. Wtere. on a sudden quarrel, a person in the heat of the nnment picks up a ttedpon which is handy and causes injuries, one oJ which proves fatal, he would be entitled to the beneft of this exceptiort ;srovided he has not acted cruelty."

6. As seen from the evidence produced lty the prosecution, PW. 1 arld the deceased were sitting on the steps at the door of 1.he railway bogie, obstructing the entn' or exit ' lrsssy z scc z lr t*-:;&}---- -1 It l 4 - of the persons. The appellalt caught hold of the running train by holding the window rods and attempted to enter the train. There was verbal abuse by the deceased and also by the appellart. At the time of the said quarrel, it is alleged that the deceased was pushed by the appellalt while he was sitting at the door on the steps of the railway bogie.

7. Exception 4 to Section 300 of IpC states that culpable homicide is not murder if committed without atty premeditation, in a sudden fight, in the heat of passion upon a sudden quarrel, and without the offender taking undue advantage or acting in a cruel or unusual ma_nner.

8. Admittedly, there was a quarrel between the appellant and the deceased. The appellant ald deceased were not known to each other. The appellant pushed the deceased, who was sitting on the footsteps of the railway bogie. It carlnot be said that there was any premeditation to commit the murder of the deceased or that it was done intentionally to cause death. 9 . In the said circumstances, the appellalt is extended the benefit of Exception 4 to Section 300 of I.p.C. 5 Accordingly, we deem it appropriate to convert the corLviction of the appellant from Section 302 of IPC to Section 314-II of IPC, and the appellant is sentenced to undergo 9 I ears of rigorous imprisonment.

10. Accordingly, the Criminal Appeal is partly eLllowed' Since the appetlant has served a period of nine (09) 1'ears in jail, he shall be released forthwith, if he is not require:d to be detained in ar-r5' other case. Miscellaneous Petitions, pending if any, sh a1 I stand closed. SD/. C.V. MALLIKAR.JUNA VARMA JOINT REGISTRAR //TRUE COPY// ; Uecrroru oFFrcER 1 . The Special Judge for SC/ST(POA) Cases-Cum-Vll Addil.ional District Judge at V\tarangal. (With records, if any)

2. The Judicial First Class Magistrate Court for Railways at Kazipet. 3. The lnspector of Railway Police, R.P. Circle, Kazipet Line. 4. The Superintendent, Central Prison, Cherlapally, Medchal-Ma kajgiri District. (By Special Messanger)

5. The Secretary, High Court Legal Services Committee for the State of Telangana High Court Buildings, Hyderabad.

6. Two CCs to the Public Prosecutor, State of Telangana, High C;ourt Buildings, at Hyderabad (OUT)

7. One CC to Sri. Elavanatt Rajesh (Legal Aid Counsel) 8. Two CD Copies To, DL HIGH COURT DATED:08/0412025 JUDGMENT CRLA.No.1169 of 2017 ( L) q -) O \ r-\ "- ' (' 10 A,,R 2Ul5 L-l! i-:\ ' / 1._,: * ::o PARTLY ALLOWING THE CRIMINAL APPEAL \)