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PETITIONER: SANGAR ABOINA SREENA

       Vs.

RESPONDENT: STATE OF ANDHRA PRADESH

DATE OF JUDGMENT:       23/04/1997

BENCH: M.K. MUKHERJEE, S.P. KURDUKAR

ACT:

HEADNOTE:

JUDGMENT:                          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. The 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.      This 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. 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  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 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  hail, who  is on hail, is discharged from his ball bonds.