MALLELA SEETHARMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal by special leave is against the judgment and order passed on 9-12-1977 in Criminal Appeal No. 360 of 1976 by the High Court of Andhra Pradesh dismissing, the appeal.

(2.) The prosecution case, in short, is that the deceased Yasodamma who had been divorced by her husband soon after marriage due to some misunderstanding, was living with her mother Ratnamma at Tadikonda in Guntur District. She inherited 50 acres of land in Ibrahimpatnam of Krishna District from her father and she also inherited 40 acres of land at Tadikonda from her maternal grand-father. Her mother started a High School in the name of her father and donated a sum of Rs. 60,000/- to the said School. The deceased also started an Oriental College and donated money to the said College. She also established an elementary school in the name of her father Mallela Venkata Subbaiah and nominated P.W. 18 as its Correspondent and Secretary. The deceased was a wealthy lady.

(3.) In 1972, appellant No. 1 (A-1) who was living at Chataparru in West Godavri District due to some differences with her wife approached the deceased, her paternal aunt and sought permission to stay at her house and to assist her in the management of her affairs. With the permission of the deceased A-1 started residing in her house at Tadikonda since 1972 and endeared himself very much to the deceased who cancelled the will executed by her on October 25, 1967 bequeathing all her properties to the educational institutions and registered a will dated December 22, 1973 whereby she bequeathed all her properties to A-1 after her death. Some time after the execution of the said will A-1 and Appellant No. 2 (A-2) who is the son of A-1, were not conducting themselves in the manner expected by the deceased. In 1975, the deceased developed dissatisfaction towards A-1and A-2 and she was contemplating to cancel the will executed in favour of A-1. Ultimately, on August 23, 1975 the deceased called Nagabhushanam (P.W. 10) at her house and dictated a will giving all her properties to the educational institutions except giving 5.09 cents of land to A-1, cancelling the will dated December 22, 1973. The will was attested by P.Ws. 10, 11 and 15. It was presented before Mr. K. Venkataratnam Chowdary, Advocate and Notary (P.W. 16) who copied the same in his register and after being satisfied about its due execution by the deceased and the attestors, made an endorsement on the back of the will and obtained the signatures of the deceased in the Notary Register and also under endorsement made by him.