Andhra Pradesh High Court – Amravati
Boya Narasimhulu Chintakayala … vs State Of Andhra Pradesh, on 14 July, 2025
Author: K.Suresh Reddy
Bench: K Suresh Reddy
.4^''
APHC011008402017
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
MONDAY,THE FOURTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K SURESH REDDY
AND
THE HONOURABLE SMT JUSTICE V.SUJATHA
CRIMINAL APPEAL NO: 1474 OF 2017
Appeal under Section 374(2) of Cr.P.C, against the judgment dated
25.05.2017 passed in SC.No. 92 of 2014 on the file of the II Additional
Sessions Judge, Kurnool at Adoni.
Between:
Boya Narasimhulu @ Chintakayala Narsimhulu, S/o. Late Tayanna, aged
about 43 years, R/o. TGL Colony, Adhoni Town, Kurnool District, AP.
State.
...Appellant/Accused
AND
The State of Andhra Pradesh, Represented by Public Prosecutor for High
Courtof Andhra Pradesh.
...Respondent/Complainant
Counsel for the Petitioner: Sri G Vijaya Saradhi
Counsel for the Respondent: Sri Marri Venkata Ramana Additional
Public Prosecutor '
The Court made the following:
% ,
APHC011008402017
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3528]
(Special Original Jurisdiction)
MONDAY, THE FOURTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K SURESH REDDY
THE HONOURABLE SMT JUSTICE V.SUJATHA
CRIMINAL APPEAL NO: 1474/2017
Between:
1.BOYA NARASIMHULU @ CHINTAKAYALA NARSIMHULU, S/0.
LATE TAYANNA R/0. TGL COLONY,ADHONI TOWN
KURNOOL DISTRICT, AP.STATE.
...APELLANT
AND
1.STATE OF ANDHRA PRADESH, Represented by Public
Prosecutor for High Court of Judicature at Hyderabad for the
state of Telangana and the state of Andhra Pradesh.
...RESPODENT
Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that
the High Court may be pleased to to allow the criminal appeal by
setting aside the judgment dated 25-5-2017 passed in SC.No. 92 of
2014 on the file of the II Additional Sessions Judge, Kurnool at Adoni.
lA NO: 1 OF 2017(CRLAMP 2915 OF 2017
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may
be pleased to condone the delay of 124 days in filing the criminal
appeal against the judgment dated 25-5-2017 passed in SC.No. 92 of
2014 on the file of the II Additional Sessions Judge, Kurnool at Adoni.
lA NO: 2 OF 2017(CRLAMP 2916 OF 2017
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may
be pleased to enlarge the petitioner on bail by suspending the
sentence passed in SC.No. 92 of 2014 on the file of the II Additional
Sessions Judge, Kurnool at Adoni, pending disposal of the above
criminal appeal.
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may
be pleased pleased to suspend the execution of the sentence passed
in S.C.No. 92 of 2014 on the file of llnd Additional Sessions Judge,
Kurnool at Adoni, Judgment dated 25th, May, 2017 and release the
2
Crl.A.No.l474 of 2017
petitioner on bail, pending disposal of the above CrI.A.No. 1474 of
2017 and to pass
Counsel for the Apellant:
1. legal aid w/d
2.G VIJAYASARADHI
Counsel for the Respondent:
1.PUBLIC PROSECUTOR (AP)
The Court made the following
JUDGMENT (Per the Hon'ble Sri Justice K.Suresh Reddy)
Sole accused in Sessions Case No.92 of 2014 on the file of the
Court of II Additional Sessions Judge, Kurnool at Adoni, is the
appellant herein.
2. The appellant was tried and convicted by the learned II
Additional Sessions Judge, Kurnool at Adoni under Section 302 IPC
and was sentenced to suffer imprisonment for ‘LIFE’ and also to pay
fine of Rs.lOO/- in default to suffer imprisonment for 15 days.
3. Substance of the charge is that on 21.04.2013 at about 4-00
PM, the accused beat one Attar Sadiq (hereinafter called as deceased)
with a Pattudu stick twice on his head in the fields of one Golla Sekhar
situated behind T.G.L. colony, Adoni, causing his death, thereby the
accused committed offence punishable under Section 302 IPC.
4. Case of the prosecution, briefly, is as follows:
The accused and the material prosecution witnesses are
residents of Adoni town. The deceased was also resident of the same
town. The deceased was eking out his livelihood by selling leafy
vegetables in front of Jamia Mosque, Adoni. The deceased and PW2
3
CrlA.No.1474 of 2017have taken land to an extent of Ac.20.00 cents situated behind TGL
Colony on lease for an amount of Rs.5,000/- from one Golla Sekhar
and raised the crop of leafy vegetables. On 21.04.2013 in the evening
at about 4.00 pm, when the deceased, PW2 and PW3 were cutting the
leafy vegetables, the accused who is residing in a hut situated by the
side of the said land approached them holding a stick in his hand and
asked the deceased as to why he beat his Hen, for which, the
deceased gave reply stating that he never beat his Hen. Thereupon,
the accused dealt two blows on the deceased with Pattudu Stick (Hand
Stick). Then, PWs.2, 3 and neighbours came and separated them and
the accused left the place. Immediately, PWs 2 and 3 took the injured
to Government Area Hospital, Adoni. PW9 Civil Assistant Surgeon,
Adoni gave intimation EX.P8 to Sub-Inspector of Police, Adoni.
(ii) At about 8.00 p.m., PW11 Assistant Sub-Inspector, I Town
Police Station having received Ex.P8, visited the Area Hospital, found
the injured in MS II ward and recorded his statement-Ex.P11. He
returned to the police station at about 9.00 p.m. and registered a case
in Crime No.85 of 2013 under Section 324 IPC. FIR was marked as
EX.P12. At about 10.00 p.m., PW11 once again visited the Hospital
and recorded statement of the injured and also recorded statements of
PWs 2 and 3.
4
Crl.A.No.l474 of 2017
(iii) On 22.04.2013, PW11 went to the scene of offence,
prepared an observation report-Ex.P13 in the presence of PW10 and
another. At the scene of offence, he seized MOs.1 to 3 under the
cover of Ex.P9. On the same day, he recorded statements of PWs.4
and 5. In the meanwhile, the injured was shifted to Government
Hospital Kurnool for better treatment. While undergoing treatment, the
deceased succumbed to injuries at Government Hospital, Kurnool.
(iv) On 23.04.2013 at about 09.30 a.m., PW11 received death
intimation-Ex.P14. Having received the death intimation, he altered the
Section of law from 324 to 302 IPC. Alteration memo was marked as
Ex.P15. Further the investigation was taken over by PW12- Inspector
of Police. On 23.04.2013, PW12 received Ex.P15 from PW11 along
with Case Dairy and he verified the investigation conducted by PW11
and found it on correct lines. On the same day, he held inquest over
the dead body in the presence of PW6 and another at Government
Hospital, Kurnool. He sent the dead body for postmortem examination.
(v) PW.8 Associate Professor, Forensic Medicine, Kurnool
Medical College conducted autopsy over the dead body and opined the
cause of death was due to “Intracranial Hemorrhage due to head
injury” and he issued Postmortem certificate Ex.P7.
(vi) On 24.04.2013, PW.12 visited the scene of offence and
recorded statements of PWs.2 to 5. On 28.04.2013 he sent Material
Objects to FSL Kurnool for analysis. RFSL report was marked as
5
Crl.A.No.l474 of 2017
EXS.P16 and P17. On 30.04.2013, PW12 arrested the accused at
Yellamma Temple in the presence of PW10 and another under the
cover of Panchanamma Ex.PIO. The statements of PWs2 and 3 were
also recorded by PW7-Junior Civil Judge, Yemmiganur under Section
164 Cr.P.C. After receipt of postmortem report and FSL reports and
after completion of investigation, PW12 filed charge sheet,
5. in support of its case, the prosecution examined PWs.1 to 12
and marked Exs.P1 to PI7 and exhibited MOs.1 to 3.
6.
When the accused was examined under Section 313 Cr.P.C.,
he denied the incriminating evidence appearing against him. Accepting
the evidence of PW2 and Ex.PII, the learned II Additional Sessions
Judge convicted the accused as aforesaid.
7. Heard Sri G.Vijaya Saradhi, learned counsel for the appellant
and Sri Marri Venkata Ramana, learned Additional Public Prosecutor
for the respondent/State.
8. We have carefully scrutinized the entire evidence on record.
9. PW1 is the father of the deceased. But, PW1 is not an eye
witness to the incident. PWs.2 to 5 are shown as eye witnesses. But
unfortunately, PWs.3 to 5 did not support the prosecution. As such, the
evidence of PW2 alone is available on record. Apart from the evidence
of PW2, the dying declaration Ex.PII recorded by PW11 is available.
Except the evidence of PW2 and the dying declaration Ex.P11, there is
no other material. Admittedly, according to the evidence of PW11
6
Crl.A.No.l474 of 2017
coupled with the evidence of the doctor-PW9, the injured was
conscious and coherent when his statement was recorded. In the
dying declaration, the deceased has stated that when he was cutting
leafy vegetables in the evening on 21.04.2013 along with PWs 2 and 3,
the accused came there and questioned him as to why he beat his
Hen. When the deceased refuted the said allegation, the accused beat
the deceased on his head twice with Pattudu stick (Hand Stick). Even
in the evidence of PW2, the same version was spoken by him. When
we carefully analyze the evidence of PW2 coupled with Ex.PII, there
is nothing to indicate that the incident is a premeditated one and in fact
the accused was not armed with any deadly weapon.
10. Even according to the prosecution, the hut of the accused was
situated by the side of the said land, in which leafy vegetables were
grown. It is in the evidence of PW2 and the statement-Ex.P11 stating
that at the relevant point of time, the accused came there by holding
Hen in one hand and Pattudu Stick (Hand Stick) in another hand. The
accused suspected the deceased was responsible for killing his Hen.
When the accused questioned, the deceased stating that he killed the
hen and he later denied and it is only thereafter the accused gave two
blows on the head of the deceased with Pattudu stick. Even according
to the prosecution, through the evidence of PW2 and the dying
declaration Ex.PII, it is not their allegation that the deceased came
there with an intention to kill the deceased.
7
Crl.A.No.l474 of 2017
11. Admittedly, there is no intention on the part of the accused to kill
the deceased. It is only during the course of altercation, the accused
gave two blows with a hand stick. As such, we have no hesitation to
come to the conclusion that the accused has no intention to kill the
deceased. As such, the conviction and sentence imposed against the
appellant under Section 302 IPC is not sustainable. The accused beat
the deceased on his head with a hand stick with an intention to beat
him in order to cause injuries. If really, the accused intended to kill the
I
deceased he ought not to have stopped with two blows and ought to
have inflicted few more blows on the deceased. Further, killing of the
Hen, belonging to the accused, was a sudden provocation for him to
cause injuries on the deceased.
12. In view of the aforesaid facts and circumstances, we are
inclined to allow the appeal in part by setting aside the conviction under
Section 302 IPC instead the appellant is convicted under Section
304 part-11 IPC.
13. In the result, the Criminal Appeal is allowed in part by setting
aside the conviction and sentence recorded by the learned II Additional
Sessions Judge, Kurnool at Adoni in S.C.No.92 of 2014 dated
25.05.2017 under Section 302 IPC, instead the appellant is convicted
for the offence under Section 304 part-ll and sentenced him to the
period already undergone while maintaining the fine amount. As the
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Crl.A.No.I474 of 2017
appellant /accused was already enlarged on bail by this Court by order • \
dated 29.9.2022, he is directed to appear before the Superintendent,
Central Prison, Kadapa for completing the legal formalities in terms of
the judgment rendered by the combined High Court in Batchu Ranga
Rao & others Vs. State of A. P.\
Consequently, miscellaneous petitions, if any, pending shall
stand closed.
. 2016 (3) ALT (Crl.) 505 (DB) (AP)
Sd/- S.V.S.R.MURTHY \
f.
JOINT REGISTRAR
//TRUE COPY//
SECTt0N OFFICER
To,
1. The II Additional Sessions Judge, Adoni, Kurnool District (with records
if any)
2. The Judicial Magistrate of First Class, Adoni, Kurnool District
3. The Superintendent, Central Prison, Kadapa, YSR Kadapa District
4. The Station House Officer, Adoni I Town Police Station, Kurnool District
5. One CC to Sri. G Vijaya Saradhi Advocate [OPUC]
6. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at
Amaravathi [OUT]
7. Boya Narasimhulu @ Chintakayala Narsimhulu, S/o. Late Tayanna,
aged about 43 years, R/o. TGL Colony,Adhoni Town, Kurnool District
8. The Section Officer, Criminal Section, High Court of Andhra Pradesh at
Amaravathi
9. Two CD Copies
Stu
sree
HIGH COURT
DATED:14/07/2025
JUDGMENT
CRLA NO. 1474 OF 2017
ALLOWING THE CRIMINAL APPEAL IN PART