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Sangaraboina Sreenu vs State of Andhra Pradesh

Supreme Court Of India · Decided on 23 April 1997 · Citation: AIR 1997 SC 3233 : (1997) AIRSCW 3290 : (1997) 1 ALD(Cri) 889 : (1998) 1 ALT(Cri) 20 : (1997) 2 BLJR 1041 : (1997) CriLJ 3955 : (1997) 2 Crimes 55 : (1997) 5 JT 47 : (1997) 3 SCALE 611 : (1997) 5 SCC 348 : (1997) 3 SCR 957 : (1997) 4 Supreme 214 : (1997)

HON’BLE JUDGES
S. P. Kurdukar, J · M. K. Mukherjee, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 302, 306
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 182 of 1990
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Judgment

3 paragraphs · 260 words

M.K. Mukherjee and S.P. Kurdukar, JJ.—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 on the body of his wife and set her on fire. The trial Court convicted the appellant u/s 302 IPC but in the appeal preferred by him the High Court set aside his above conviction and convicted him u/s 306 IPC. The above judgment of the High Court is under challenge in this appeal.

2.

This appeal must succeed for the simple reason that having acquitted the appellant of the charge u/s 302 IPC - which was the only charge framed against him - the High Court could not have convicted him of the offence u/s 306 IPC. It is true that Section 222 Cr.PC 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 u/s 302 IPC within the meaning of Section 222 Cr.PC for the two offences are of distinct and different categories. While the basic constituent of an offence u/s 302 IPC is homicidal death those of Section 306 IPC are suicidal death and abetment thereof.

3.

For the foregoing reason the appeal is allowed and the conviction of the appellant u/s 306 IPC is set aside. The appellant, who is on bail, is discharged from his bail bonds.