Setty Bhaskara Rao's plea for reduced charges rejected; original sentence reinstated.
In a significant ruling, the Andhra Pradesh High Court has upheld the conviction and sentence of Setty Bhaskara Rao, who was charged under Section 307 of the Indian Penal Code (IPC) for attempting to murder a neighbor, P.W.2. The court dismissed the criminal revision petition filed by Rao, affirming the concurrent findings of the trial and appellate courts.
The incident dates back to April 9, 2005, when Rao, fueled by a grudge from a prior conviction, assaulted P.W.2 with a knife, inflicting eleven blows to his neck, a vital body part. The victim survived the attack, but the severity of the assault led to charges under Section 307 IPC, which pertains to an attempt to murder.
Despite the defense's argument that the injuries were simple and the attack was provoked, the court found the intention to kill was evident. The judgment highlighted that the number of blows and the choice of the neck as the target demonstrated a clear intent to cause death, thus justifying the charge under Section 307 IPC.
The defense also attempted to discredit the testimony of relatives of the victim, arguing a lack of independent corroboration. However, the court held that the relationship alone did not undermine the reliability of the witnesses, whose testimonies were found credible and trustworthy.
The High Court also rejected the plea to convert the charge to Section 324 IPC, which deals with voluntarily causing hurt by dangerous weapons. The court noted that the evidence presented clearly supported the charge under Section 307 IPC beyond a reasonable doubt.
The petitioner's request for a sentence reduction was denied, with the court emphasizing the seriousness of the crime and the absence of any new mitigating circumstances. The original sentence of rigorous imprisonment for three years, as modified by the appellate court, was reinstated, and Rao was directed to surrender to authorities to serve the remainder of his sentence.
Bottom Line :
Section 307 IPC - Intention or knowledge to cause death is crucial for conviction under Section 307 IPC - Infliction of eleven knife blows on the neck, a vital body part, sufficiently demonstrates the intention to kill.
Statutory provision(s): Indian Penal Code, Section 307, Section 324
Setty Bhaskara Rao v. State of A.P., (Andhra Pradesh) : Law Finder Doc id # 2950537
