BANDLAMUDDI ATCHUTA RAMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) How the barks of a dog could have snowballed into the murder of a young student, is the nub of the story narrated in this case. Police charge-sheeted Sambasiva Rao and his father Atchuta Ramaiah as also another relative of them for the murder of the young man (Srinivasa Rao) and also for causing hurt to some others. Sessions Court acquitted the father (Atchuta Ramaiah),but convicted Sambasiva Rao under Section 304 (Part2) besides sections 326 and 324 of the Indian Penal Code and awarded a sentence of rigorous imprisonment for five years to him for the main offence. The remaining accused was convicted under section 324, IPC and was sentenced to R.I. for one year. High Court of Andhra Pradesh, on appeal, convicted Sambasiva Rao under section 302, IPC and sentenced him to undergo imprisonment for life. By the same judgment, the High Court set aside the acquittal of his father and convicted him under section 326 read with section34 of the Indian Penal Code and a sentence of R.I. for three years has been awarded to him. High Court passed the same conviction and sentence as against third accused also. Hence, all the three have filed this appeal jointly under Section 2 of the Supreme Court (Enlargement of Appellate Jurisdiction) Act 1970, and also under Sections 379 and 380 of the Code of Criminal Procedure.

(2.) During the pendency of this appeal, the old man Atchuta Ramaiah (first accused) died. So the appeal now remains as filed by the second and third accused.

(3.) A synopsis of the case is the following: (Deceased) Sriniwasa Rao was the brother in-law of PW-1 (Surynanrayana Rao) who was residing with his wife and children in a house situated adjacent to the house where his brothers-in-law and mother-in-law were residing in Thummapudi Village (Guntur District). All the accused belonged to a different village. But for some time they were residing in a house situated about 200 feet away from the house of the deceased. On 1-7-1988, while second accused (Sambaiva Rao) was returning home he was confronted by a dog which emerged from PWIs house. When the animal barked at the second accused he pelted stones at it.PW-1 (Suryanarayana Rao) came out of his house and told the accused not to harm the mongrel. This was followed by an altercation between the two which was soon aggravated into a brawl and PW-1s wife and brothers-in-law (deceased) joined in it. Second accused left the scene giving a warning that he would avenge for the insult meted out to him