Aboina Sreena Vs. State of Andhra Pradesh  INSC 453 (23 April 1997)
MUKHERJEE, S.P. KURDUKAR
O R D
E R 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 no the body of his wife and set her on fire.
trial Court convicted the appellant under Section 302 IPC but in the appeal
preferred by him the High Court set aside his above conviction and convicted
him under Section 306 IPC. The above judgment of the High Court is under
challenge in this appeal.
appeal must succeed for the simple reason that having acquitted the appellant
for the simple under Section 302 IPC - which was the only charge framed against
him - the High court could not have convicted him of the offence under Section
306 IPC. It is true that Section 222 Cr.P.C.
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 under Section 302 IPC within the meaning of
Section 222 C.P.C. for the two offences are of distinct and different
categories. while the basic constitutent of an offence under Section 302 IPC is
homicidal death those of Section 306 IPC are suicidal death and abetment
the foregoing reason the appeal is allowed and the conviction of the appellant
under Section 306 IPC is set aside. The appellant, who is on hail, who is on
hail, is discharged from his ball bonds.