LexGOURA VENKATA REDDY versus STATE OF ANDHRA PRADESH
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GOU RA VEN KAT A REDDY A v. STATE OF ANDHRA PRADESH NOVEMBER 19, 2003 [DORAlSWAMY RAJU ANDARIJIT PASAYAT, JJ.] B Penal Code, 1860 : Section 302-Application of-Accused persons threw one stone each at the deceased-Trial court convicted accused persons under S. 302-High C Court upheld the conviction-Correctness of-Held: S. 302 not ruled out if one stone caused injuries resulting in death-But the accused persons could be attributed with the intention of causing death-Hence, conviction altered to one under S. 304 Part I. Words and Phrases : "Instigate "-Meaning of-In the context of S. 107 of the Penal Code, 1860. D The appellant-accused (A-I) was convicted by the trial court under Section 302 read with Section 109 of the Penal Code, 1860 and the appellants- E accused (A-2 to A-8) were convicted for offences under Sections 302 and 147 IPC. The High Court affirmed the conviction. Hence the appeal. On behalf of the appellants, it was contended that each accused person had thrown only one stone at the deceased persons causing injuries and, F therefore, Section 302 IPC had no application. Allowing the appeal in part, the Court ~ELD: 1.1. It cannot be said as a rule of universal application that if one stone is thrown causing injuries, Section 302 of the Penal Code, 1860 is G ruled out. [818-A-B) 1.2. No general rule can be laid down that a small stone cannot cause any injury leading to death punishable under Section 302 IPC. It would depend upon the facts of each case. [818-B-C) 813 II 814 SUPREME COURT REPORTS [2003] SUPP. 5 S.C.R. A 2. In the present case, it cannot be said that any particular injury was intended which would result in death. But the accused persons can certainly be attributed with the intention of causing death or causing such bodily injury as is likely to cause death. Therefore, instead of conviction under Section 302 IPC, the proper conviction would be under Section 304 Part I for the B accused-appellants. (818-C-D] c D 3.1. The word "instigate" occurring in Section 107 IPC literally means to provoke, incite, urge on or bring about by persuasion to do any thing. The abetment may be by instigation, conspiracy or intentional aid, as provided in the three clauses of Section 107. ]818-G-H; 819-A] 3.2. The offence for the abetment of which a person is charged with the abetment is normally linked with the proved offence. In the instant case, the abetted persons have been convicted for commission of offence punishable under Section 304. Therefore, in the case of A-1 it is Section 304 Part I read with Section 109 IPC that is attracted. [819-A-B] CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.519- 521 of2003. From the Judgment and Order dated 19 .11.2002 of the Andhra Pradesh High Court in Crl. A.No. 148/2002, Crl.M.P.No.6406/2002 in CrLA.S.R.No.16462/ E 2002 and Crl.A.No.1289 of2002. WITH Crl. A. No. 672-674 of2003. F Sushil Kumar, V.R. Avula, C .. Prakash Reddy, Sanjay Jain, Adolf Mathew and D. Mahesh Babu for the Appellant. Mrs. K. Amreswari, B. Ramana Murthy, Ms. T. Anamika and Mrs. Swarupa Reddy for Guntur Prabhakar for the Respondent. G The Judgment of the Court was delivered by ARIJIT PASAYAT, J. Different political ideologies may be followed in a democratic set up; that is but natural. But when differences become physical and lead to loss of life by violent acts it reflected sadly on the political maturity of people and the citizens at large. The present case, as the prosecution H version shows, is one of those large number of instances where physical G.V. REDDYv. STATE OF A.P. [PASAY AT, J.] 815 violence has led to loss of lives of two persons. A The appellants who faced trial along with 11 others and two deceased persons, and the prosecution witnesses belong to different political parties. The difference between them is said to be long-standing on account of political rivalry, and it reached its crescendo on 18th October, 1995 and 19th B October, 1995. On the first of the dates, relative of one political leader was allegedly kidnapped and his dead body was found later on the next day i.e. 19th October, 1995 to which the present case relates. The two deceased persons, namely, Ambi Reddy and Chinna Ramasubbaiah (hereinafter referred to as D-1 and D-2) along with PWs I to 4 and two others were travelling by four motorcycle with two occupants in each. As the prosecution version C shows the 20 persons way laid them. D-1
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