Supreme Court of India

SANGARABOINA SREENUversusSTATE OF ANDHRA PRADESH

Citation: 1997 INSC 431
Decided: 23 April 1997
Disposal: Appeal(s) allowed
Bench: M K MUKHERJEES P KURDUKAR

Holding

Offence under Section 306 IPC cannot be said to be a minor offence in relation to offence under Section 302 IPC; consequently, conviction under Section 306 cannot be substituted for a conviction under Section 302 under Section 222 CrPC.

Summary

The appellant was tried before the Sessions Court for uxoricide and was convicted under Section 302 of the Indian Penal Code for murder. On appeal, the Andhra Pradesh High Court set aside the murder conviction and, invoking Section 222 of the Code of Criminal Procedure, convicted him instead under Section 306 IPC for abetment of suicide. The appellant challenged this substitution, contending that Section 306 is not a lesser offence compared to Section 302. The Supreme Court held that the two offences belong to distinct categories – Section 302 deals with homicidal death while Section 306 concerns suicidal death and its abetment – and therefore Section 306 cannot be treated as a minor offence for the purpose of Section 222 CrPC. Accordingly, the conviction under Section 306 was set aside and the appeal was allowed, resulting in the appellant’s discharge from bail bonds.

Issues considered

Whether a court may convict an accused of an offence under Section 306 IPC after acquitting him of the charge framed under Section 302 IPC, invoking Section 222 CrPC.
Whether offence under Section 306 IPC can be considered a 'minor' offence in relation to offence under Section 302 IPC within the meaning of Section 222 CrPC.

Legislation cited

Code of Criminal Procedures. 222
Indian Penal Code, 1860s. 302, s. 306

Subjects

murderuxoricideabetment of suicideSection 222 CrPCconviction substitutionIPCcriminal law

Judgment

                      SANGARABOINA SREENU                                    A
                                    v.
                  STATE OF ANDHRA PRADESH

                             APRIL 23, 1997

          [M.K. MUKHERJEE AND S.P. KURDUKAR, JJ.]                            B

     Criminal Law :

     Penal Code, 1860 :

      Ss. 302, 306-Accused charged with murder of his wife-Trial Court C
convicting him for murder-High Court setting aside the conviction u/s 302
but convicting him under s.306-Held, offence under s.306 cannot be said to
be a minor offence in relation to an offence under s.302 !PC as these two
offences are of distinct and different categories-Hence conviction under s.306
set aside-Code of Criminal Procedure, S.222.                                   D
      CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
182 of 1990.

     From the J udgmcnt and Order dated 16.8.89 of the Andhra Pradesh
High Court in Crl. No. 382 of 1989.                                           E
      A. Subba Rao for the Appellant.

      G. Prabhakar for the Respondent.

      The following Order of the Court was delivered :
                                                                              F
      The appellant was put up for trial before the Sessions Judge, Waran-
gal 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 under Section 302 IPC
but in the appeal preferred by him the High Court set aside his above         G
conviction and convicted him under Section 306 IPC. The above judgment
of the High Court is under challenge in this appeal.

      This appeal must succeed for the simple reason that having acquitted
the appellant of the charge under Section 302 IPC - which was the only
charge framed against him - the High Court could not have convicted him H
                                   957
    958                  SUPREME COURT REPORTS                  (1997] 3 S.C.R.

A of the offence under Section 306 IPC. It is true that Section 222 Cr.P.C.
    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 under Section 302 IPC
    within the meaning of Section 222 Cr.P.C. for the two offences are of
B   distinct and different categories. While the basic constituent of an offence
    under Section 302 IPC is homicidal death those of Section 306 IPC are
    suicidal death and abetment thereof.

           For 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
C   bail, is discharged from his bail bonds.

    G.N.                                                       Appeal allowed.

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "murder"Sign in to search