SHEIK RAFI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Appellant herein and the deceased said Shaik Baji were brothers. PW-3 (Abdul Munaff) and PW-4 (Shaik Abdul Ghouse) were also brothers. PW-2 is the mother of the appellant and the deceased. They are resident of village Nandula Peth, in the town of Tenali in the State of Andhra Pradesh. The family was owner of a shopping complex. Deceased was running his pump repairing business in one of the shop rooms situated at the first floor of the said Complex. Deceased was allegedly insisting for partition of the joint property. In the morning of the fateful day i.e. 9.11.1998, he allegedly picked up a quarrel with PW-2 in regard to his share in the property. On refusal to do so, she was allegedly assaulted. A quarrel also allegedly took place by and between the deceased and the appellant at about 5 p.m. on the said day. Appellant chased him with a knife. The deceased ran and came in front of the casualty room of the hospital at Tenali, whereafter Appellant is said to have caught and inflicted injuries by stabbing him indiscriminately.

(3.) PW-1 (P. Subbarao, a constable working in Pattabipuram Police Station, while going to attend to his duties, found some people gathered on the street, and saw the appellant stabbing the deceased with a knife. A driver attached to the Sub-Divisional Police Officer named Konduri Sridhar (PW-7) also came to the scene of occurrence. PW-1 caught hold of the appellant, and snatched away the knife from his hands. Officers of the Police Station were informed by Sridhar (PW-7) about the incident.