Bonda Devesu v. State Of Andhra Pradesh

1. Leave granted.

2. The sole appellant was convicted under Section 302 of the Penal Code and was sentenced to undergo rigorous imprisonment for life by the trial court. The conviction and sentence awarded by the trial court was confirmed by the High Court.

3. This court issued notice to the respondent-State on 29-7-1993, on a limited question in respect of nature of the offence committed by the appellant. Pursuant to the said notice the respondent-State has appeared.

4. From the judgment of the trial court, it appears that the prosecution case itself is that the deceased used to tell the wife of the appellant that he will carry her away and marry her. On 4-6-1989, at about 8 in the morning, the wife of the appellant had gone to fetch water from a water kundi. While the wife of the appellant was taking water the deceased caught hold of her hand and asked her to come with him. Somehow, she got herself released and ran away to her house and informed the appellant about the incident. The appellant went to the deceased and it is alleged that the appellant gave an axe blow to the deceased which prove fatal.

5. The prosecution had alleged participation by other persons also but they have been acquitted by the trial court. We are informed that the appellant is a tribal. The behaviour of the tribals, in situation in which the occurrence has taken place is well known. When prosecution case itself is that the deceased used to misbehave with the wife of the appellant and on the date of occurrence he was actually taking her away by catching hold of her hand, in the normal course it was bound to cause grave provocation to the appellant, because of which the offence was committed. In this background, the appellant cannot be convicted for an offence under Section 302. His case is covered under Exception I to Section 300 of the Penal Code. Accordingly, we set aside the conviction and sentence under Section 302 of the Penal Code and convict him under Section 304 Part I. So far as the sentence is concerned, we direct imprisonment for a period of seven years.

6. The appeal is accordingly allowed to the extent indicated above..