STATE OF ANDHRA PRADESH Vs. VEDDULA VEERA REDDY

JUDGEMENT

(1.) Cherukuri Sambaiash was an affluent person having lands and house at village Pedda Makkana in Guntur District. He had left behind three sons, two daughters and a widow. Cherukuri Seetharama-swamy (A-1) is his third son whereas Cherukuri Kalidas (since deceased) was his second son. Appasani Vasumathi Devi (P.W. 1) is one of the daughters of Cherukuri Sambaiah who was married to Nageswara Rao of village Takkella-padu. After the death of her husband she has been residing at her parents' house at Pedda Makkana. Cherukuri Sambaiah during his lifetime divided his properties amongst his sons, daughters and his wife Cherukuri Saraswathamma (P.W. 2). Cherukuri Kalidas (since deceased) was a doctor having two wives, namely, Pushpanavi and Tripuranani Hemalatha (P.W. 3) who are sisters. Cherukuri Kalidas and his two wives went to Iran and stayed there for about ten years. During his absence the property allotted to his share was looked after by A-1. Cherukuri Kalidas returned to Guntur from Iran five years before the incident that took place on 24-6-1991 and opened his clinic at Guntur. Cherukuri Kalidas on his return used to go to his village Pedda Makanna occasionally and took over the management of his property from A-1. The mother of Cherukuri Kalidas and A-1 were residing together in the village Pedda Makanna and her share comprising of ten acres of land was also looked after by him. Cherukuri Kalidas asked A-1 to furnish the account of his properties in his possession during his stay at Iran. This caused an ill-feeling between Cherukuri Kalidas and A-1. The dispute between the two brothers was sought to be resolved by the villagers but their efforts failed and because of this the people of the said village were divided into two groups. This acrimony also resulted into some incidents between these two groups including the incidents of throwing of bombs on each others which gave rise to the registration of crimes against them as also proceedings under Section 107, Cr.P.C.

(2.) On or about in the month of May 19, 1991, a month prior to the incident in question one Rangavali who was running a private school died of heart attack and in that connection M. Boddu Sambasivarao, the sympathiser of the said lady teacher filed report against A-1 alleging that he caused her death by administering the poison. A-1 believed that he was involved falsely in the said crime at the instance of Cherukuri Kalidas and it was this belief that led to further strained relation between them.

(3.) It is alleged by the prosecution that on 25-6-1991 at about 6 p. m. Cherukuri Kalidas along with his wife Tripuranani Hemalatha (P.W. 3) came to Pedda Makkana on the scooter. After taking dinner they want to sleep in their room. Cherukuri Saraswathamma (P.W. 2) the mother and Tripuranani Hemalatha (P.W. 3) the sister also went to sleep in another room. A-1 was having his house adjacent to the house of Cherukuri Kalidas. It is alleged by the prosecution that during that night at about 2 a.m. A-1 and his five associates armed with deadly weapons entered into the room where Cherukuri Kalidas was sleeping with his wife Tripuranani Hemalatha (P.W. 3). During the night an electric bulb was also burning in the house. A-1 and his five associates started attacking Cherukuri Kalidas with deadly weapons. When Tripuranani Hemalatha (P.W. 3) got up, she raised an alarm and tried to intervene but in vain. A-1 and his associates also caused injuries to her. His sister Appasani Vasumathi Devi (P.W. 1) and Cherukuri Saraswathamma (P.W. 2), the mother, after hearing the cries of Cherukuri Kalidas came to the room and found that A-1 and his five associates were assaulting Cherukuri Kalidas and when they tried to intervene they were also assaulted by these assailants. P.W. 1 and P.W. 3 sustained bleeding injuries whereas Dr. Kalidas was found lying dead on the floor. The deceased and the injured were thereafter removed to the general hospital, Guntur for medical treatment. Cherukuri Kalidas was declared dead and other injured persons were referred to the experts for better treatment. Dr. D. Veeraraju (P.W. 16) sent an intimation to the IVth Additional Munsif Magistrate, Guntur who came and recorded the dying declaration (Exb. P-1) of Tripuranani Hemalatha (P.W. 3). V. Anjaneyulu (P.W. 9), the Head Constable attached to the Government General Hospital received an intimation about the incident along with the copy of the dying declaration which he forwarded to Kothapet Police Station. Samasivrao, the Head Constable (P.W. 10) registered the crime under Sections 147, 148, 324, 307 and 302 read with Section 149, IPC at about 12 noon on 26-6-91 and transferred the same to SHO, Sattenpalli Rural Police Station for investigation since the jurisdiction vested in that police station. The crime came to be registered accordingly at Sattenapalli Police Station and the copies of the FIR were forwarded to the concerned Magistrate and other police officers. S.A. Rahaman (P.W. 17), the Sub-Inspector of Police commenced the investigation. A-4 to A-6 came to be arrested on 9-7-1991 whereas A-1 to A-3 were apprehended on 27-7-1991. After completing the necessary investigation a charge-sheet against these accused persons came to be filed before the Magistrate at Guntur who committed the case to the Court of Session at Guntur for trial.