REDDY RAJARATNAM REDDI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a petition to quash the commitment of the petitioner for an offence under Section 302, Penal Code read with Section 115, Penal Code, in P. R. C. NO. 11 of 1949 by the Stationary Sub-Magistrate, Kurnool, The charge against the petitioner is that he approached P. W. 1 a doctor with a request to provide him with poison to enable him to kill his mistress with a view to get at her properties. The prosecution case is that one Veeramma who is P. W. 5 in the case has been the mistress of the accused for some years. She has two children, a daughter and a son, and the son being a minor, a court guardian was appointed for the property. The accused who has been on intimate terms with Veeramma and managing her affairs conceived the idea of getting at the property by doing away with her. For that purpose he approached P. W. 1 a doctor practicing in Kurnool with a request to supply him with poison and promised to pay him a sum of Rs. 2000 if the poison asked for was given to him. In spite of the refusal of P. W. 1. to comply with the request of the accused, the latter persisted in his attempt. P. W. 1 reported the matter to the Deputy Superintendent of Police, P. W. 6 on 10th August 1949 who passed on the information to P. W. 7, the local Sub-Inspector of Police. P. W. 7, in order to trap the accused deputed a constable P. W. 2, to go to the house of P. W. 1's dispensary and keep himself inside to overhear the conversation between P. W. 1 and the accused. Accordingly on 12th August 1949, P. W. 2 went to the dispensary of P. W. 1 but the accused did not turn up that day. Next day again he went and remained behind the screen in the same apartment. That day the accused went to the house of P. W. 1, to repeat his request and the doctor as usual refused to comply with it. This was overheard by P. W. 2 who want back to P. W. 7 and reported what had happened. Subsequently the accused was arrested and a charge-sheet was filed against him for an offence under Section 302 read with Section 117, Penal Code.

(2.) The accused pleaded that he never approached the doctor, P. W. 1, for poison with intent to kill P. W. 5, that P. W. 1 was giving false evidence at the instance of P. W. 5's brother-in-law and other relations of his and that he was not guilty of the offence with which he is charged.

(3.) Finding that the accused instigated the doctor to abet the accused in the commission of the offence of murder of P. W. 5, the Stationary Sub-Magiatrate Kurnool, committed the accused to Sessions to take his trial on a charge under Section 302, Penal Code, read with Section 115, Penal Code. The accused has preferred this petition to quash the commitment.