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Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Judges
Acts
  • Section 302 simpliciter of the Penal Code
  • Section 302 of the Penal Code
  • Section 34 of the Penal Code
  • Section 149 of the Penal Code
  • Section 326 of the Penal Code
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Judges
Acts
  • Section 302 simpliciter of the Penal Code
  • Section 302 of the Penal Code
  • Section 34 of the Penal Code
  • Section 149 of the Penal Code
  • Section 326 of the Penal Code
Smart Summary

Factual and Procedural Background

A riot arising out of a land dispute over the field known as “Rambhatla chenu” in Survey No. 324, P. Kottalapalli hamlet, Penakalapadu, Gooty taluk (Anantapur District, Andhra Pradesh) resulted in the death of Manchi Tirupala Reddy and injuries to others. Ten persons were tried and convicted by the Sessions Judge for various offences under the Indian Penal Code (IPC). Two separate appeals were filed in the High Court, which partly allowed the appeals and modified the convictions and sentences. All ten accused sought special leave from the Supreme Court. Leave was granted only to Accused 1 (Chilamakur Nagireddi), Accused 6 (Chilamakur Obulapathi) and Accused 9 (Boppala Ramireddi) on the limited question of the “nature of the offences committed by them.” Their individual convictions under Section 302 IPC (murder) were thus the sole subject of the present appeal.

Legal Issues Presented

  1. Whether each of the three appellants could be individually convicted under Section 302 IPC simpliciter—without invoking Section 34 (common intention) or Section 149 (unlawful assembly)—on the basis of the specific injuries they inflicted.
  2. Specifically, whether the injury attributed to Accused 6 was of such a nature that it was, by itself, sufficient in the ordinary course of nature to cause death, thereby justifying a conviction under Section 302 IPC.

Arguments of the Parties

State's Arguments

  • Urged the Court to uphold the Section 302 conviction of Accused 6 by inviting the Court to independently assess the medical evidence and infer that the injury he caused was fatal in itself.

The opinion does not contain a detailed account of the appellants' counter-arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

1. The Supreme Court closely examined the medical testimony of Dr. Basheer Khan (PW 8), who performed the autopsy.
2. The doctor had identified three external injuries and their corresponding internal injuries, attributing each external injury to Accused 1, Accused 9, and Accused 6 respectively.
3. In his evidence, the doctor expressly stated that External Injury No. 1 (spear wound by Accused 1) and External Injury No. 2 (bans-stick blow by Accused 9) were each “fatal by itself.”
4. The Court accepted this unambiguous testimony, concluding that the individual acts of Accused 1 and Accused 9 satisfied the ingredients of Section 302 IPC because each injury was sufficient in the ordinary course of nature to cause death.
5. Regarding Accused 6, the doctor had not opined that the injury he inflicted (External Injury No. 3 leading to injuries of the liver and ascending colon) was, by itself, fatal. In the absence of a clear medical opinion, the Court declined to itself infer fatality, noting that certainty on such a medical matter was essential for sustaining a murder conviction.
6. Consequently, while the injury caused by Accused 6 was recognized as grievous, it did not meet the threshold for murder under Section 302 IPC. The Court determined that the proper provision was Section 326 IPC (voluntarily causing grievous hurt by dangerous weapon).

Holding and Implications

Appeal of Accused 1 (Chilamakur Nagireddi) and Accused 9 (Boppala Ramireddi) DISMISSED; convictions and life sentences under Section 302 IPC upheld.

Appeal of Accused 6 (Chilamakur Obulapathi) ALLOWED IN PART; conviction under Section 302 IPC set aside, replaced by conviction under Section 326 IPC with a sentence of seven years’ rigorous imprisonment, to run concurrently with his other sentences.

Implications: The decision affirms that an individual can be convicted for murder under Section 302 IPC based solely on the fatal nature of the injury personally inflicted, without resort to the doctrines of common intention or unlawful assembly. Conversely, where medical evidence does not establish that an injury is independently fatal, a conviction for murder cannot stand; the offence must be scaled to the gravity proven. No new precedent was explicitly set beyond this clarification of evidentiary standards for individual liability under Section 302 IPC.

    Chilamakur Nagireddy And Others v. State Of Andhra Pradesh .

    N.L Untwalia, J.— In relation to a land dispute appertaining to the field locally called Rambhatla chenu in Survey No. 324 within the limits of P. Kottalapalli hamlet of Penakalapadu Gooty taluk of Anantapur District in the State of Andhra Pradesh, a rioting took place and in the occurrence one Manchi Tirupala Reddy was killed. Some others were also injured. Ten persons were put on trial and were convicted for the various offences under the Penal Code by the trial Judge. Two separate appeals were filed before the High Court — one by Accused 2, 3, 4, 5, 7, 8 and 10 and the other by Accused 1, 6 and 9. The High Court allowed the appeals in part and modified the convictions of and the sentences imposed upon the appellants before it. All the ten accused filed a petition for special leave to appeal to this Court. This Court granted special leave to appeal in respect of Accused 1, 6 and 9 only, respectively, named Chilamakur Nagireddi, Chilamakur Obulapathi and Boppala Ramireddi (who were Petitioners 8, 9 and 10 in the special leave application), and that also limited “to the question of nature of the offences committed by them”, and dismissed the special leave petition of the other accused. We, are, therefore, concerned with the limited question concerning only the three appellants before us. Their conviction under Section 302 of the Penal Code simpliciter was under challenge in this appeal.

    2. We may state and refer to the necessary and bare facts and the relevant evidence for disposal of the short point in this appeal. Accused 1 has been found to have caused external Injury No. 1 with a spear on the person of the deceased, the corresponding internal injury being number 3 as deposed to by the Doctor who held the post-mortem examination over the dead body. Accused 9 caused external Injury No. 2 with a bans stick the corresponding internal injury being Injury No. 1 and Accused 6 is the author of external Injury No. 3 caused by a spear resulting in internal Injuries Nos. 2 and 4. The conviction of none of the appellants for the murder of the deceased has been recorded either with the aid of Section 34 or Section 149 of the Penal Code. As already stated each of them has been convicted under Section 302 simpliciter. The question for consideration is whether such a conviction of any of the appellants is sustainable.

    3. The High Court in its judgment referred to the evidence of the Doctor and said that the said evidence establishes — “that the fatal injuries ascribed to A-1, A-6 and A-9 by the eyewitnesses resulted in the death of the deceased Tirupala Reddy. External Injury No. 1, ‘a piercing wound conical in shape of 1½″ long from above downwards and 2″ deep cutting open the abdomen’ was ascribed to A-1 by the eyewitnesses; external Injury No. 2 ‘a contusion of 3″× 1″ across the left temple with left black eye and swelling of eyelids’ was attributed to A-9 and external Injury No. 3 ‘a piercing wound of 1½″ long from above downwards 2″ deep from back to front and medial side cutting open into the abdomen over right lower back’ was ascribed to A-6. Each of these injuries, in the opinion of the Medical Officer, was fatal by itself. Therefore, there can be no doubt that A-1, A-6 and A-9 are guilty for their individual acts under Section 302 IPC and they are, therefore, convicted under Section 302 IPC and each of them is sentenced to imprisonment for life”.

    4. There seems to be some error in the reading of the Doctor's evidence by the High Court. We may now refer to it. Dr Basheer Khan, PW 8 is the Doctor concerned. He gave the following description of the relevant external and internal injuries:

    “External Injury No. 1
    Piercing wound conical in shape of 1½″ long from above downwards and 2” deep cutting open the abdomen, piercing into the abdominal cavity from front to backwards and medial-ards with bloody fluid oozing out on the left side of the abdomen in midaxillary line at umbilical level;
    Corresponding Internal Injury No. 3
    Incised wound of descending aorta in front of vertebra 1″ long from above downwards with bleeding of about 500 CCs. of free blood in abdominal cavity and blood clots adherent to small intestines, corresponding to external Injury No. 1.
    External Injury No. 2
    Contusion of 3″× 1″ across the left temple with left black eye and swelling of eyelids;
    Corresponding Internal Injury No. 1
    Fracture of left temporal bone 3″ long across with blood clot under the bone and over the brain of about 3″x3″ size corresponding to external Injury No. 2.
    External Injury No. 3
    Piercing wound of 1½″ long from above downwards 2″ deep from back to front and medial side cutting open into the abdomen over right lower back;
    Corresponding Internal Injuries Nos. 2 and 4
    Incised wound of right lobe of liver 1″× 1″ down with haemorrhage and blood clot around corresponding to external Injury No. 3;
    Incised wound of 1″ from above downwards of the ascending colour with blood clot corresponding to external Injury No. 3.”

    5. The Doctor further said “I am of the opinion that the deceased would appear to have died of shock due to fracture of temporal skull bone, injury to descending aorta, injury to liver and large intestines ascending colon and haemorrhage”. In this passage the Doctor seems to have opined as to the cumulative effect of all the injuries. He did not say separately the nature and effect of each injury caused by. the individual Accused Nos. 1, 9 and 6. But later he said “External Injury No. 1 and Injury No. 2 corresponding to internal Injuries Nos. 1 and 3 are fatal each by itself. (There is some mistake in the typed paper-book. We have extracted this passage after verifying from the original deposition). On the Doctor's evidence, therefore, the injuries caused by Accused 1 with a spear and Accused 9 with a bans-stick were such that each of them was sufficient in the ordinary course of nature to cause death. The conviction of Accused 1 and 9, therefore, under Section 302 of the Penal Code simpliciter was justified. But in regard to Accused 6 the position was different. The Doctor did not say that the injury caused by this accused on the person of the deceased by itself was fatal or sufficient in the ordinary course of nature to cause his death. Counsel for the State endeavoured to persuade us to hold that it was so on appreciating the nature of the injury ourselves. In absence of the specific and definite opinion of the Doctor in that regard, we did not consider it safe to form our own opinion as it was difficult to say that the external or the internal injuries caused by Accused 6 with a spear were such that one could say with certainty that they were also fatal by themselves. In that view of the matter we do not think that the conviction of Accused 6 under Section 302 is sustainable. The injury caused by him, however, was grievous in nature. He, is, therefore, guilty of an offence under Section 326 of the Penal Code.

    6. In the result we dismiss the appeal of Accused 1 and 9, namely, Chilamakur Nagireddi and Boppala Ramireddi, uphold their convictions and sentences under Section 302 of the Penal Code, allow the appeal of Accused 6 Chilamakur Obulapathi in part set aside his conviction and sentence under Section 302 and instead convict him under Section 326 of the Penal Code and sentence him to undergo rigorous imprisonment for a period of seven years only. This sentence is to run concurrently with the other sentences passed against him.

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    Chilamakur Nagireddy And Others v. State Of Andhra Pradesh .
    (Jul 22, 1977)