Full Judgment Text
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PETITIONER:
SANGAR ABOINA SREENA
Vs.
RESPONDENT:
STATE OF ANDHRA PRADESH
DATE OF JUDGMENT: 23/04/1997
BENCH:
M.K. MUKHERJEE, S.P. KURDUKAR
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
The appellant was put up for trial before the Sessions
Judge, Warangal for uxoricide. The accusation against him
was that on May 15, 1987 at or about 9.30 p.m he poured
kerosene oil no the body of his wife and set her on fire.
The trial Court convicted the appellant under Section 302
IPC but in the appeal preferred by him the High Court set
aside his above conviction and convicted him under Section
306 IPC. The above judgment of the High Court is under
challenge in this appeal.
This appeal must succeed for the simple reason that
having acquitted the appellant for the simple under Section
302 IPC - which was the only charge framed against him - the
High court could not have convicted him of the offence under
Section 306 IPC. It is true that Section 222 Cr.P.C.
entitles a Court to convict a person of an offence which is
minor in comparison to the one for which he is tried but
Section 306 IPC cannot be said to be a minor offence in
relation to an offence under Section 302 IPC within the
meaning of Section 222 C.P.C. for the two offences are of
distinct and different categories. while the basic
constitutent of an offence under Section 302 IPC is
homicidal death those of Section 306 IPC are suicidal death
and abetment thereof.
for the foregoing reason the appeal is allowed and the
conviction of the appellant under Section 306 IPC is set
aside. The appellant, who is on hail, who is on hail, is
discharged from his ball bonds.