IN RE: SAMATHAM VEERABHADRUDU Vs. STATE

JUDGEMENT

(1.) THE appellant aped about 28 has been found guilty of the murder of one Koti Veeramma a well -to -do elderly woman aged sixty who lived by herself at Narasapur and disappeared from her house on the night of 17 -11 -49. According to the prosecution case she was throttled to death by four persons including A. 1 and A. 2 who were actually tried for this murder, one Basavayya, a relation of Veeramma and one Ankisetti who has been absconding.

(2.) THE motive centred round Easavayya who is said to have died in jail while on remand and who was the deceased's sister's grand -daughter's husband. The deceased Veeramma is said to have made a settlement deed of her property in favour of Basavayya and to have sought to revoke it by a lawyer's notice, Ex. P. 3 dated 9 -6 -1949 issued by an advocate, P. W. 6. The prosecution case briefly is that Basavayya in conspiracy with the other accused persons encompassed her death before she could revoke the settlement which had been made in his favour. While he retained the property he is said to have distributed the deceased Veeramma's jewels to the other associates in this crime.

(3.) THERE were two witnesses, P. Ws. 8 and 9 who were prepared to swear that they saw A. 1 and A. 2 Basaviah and Anki Chetti near the Sub -Collector's office after a cinema show on 17 -11 -1949 carrying a gunny bag. Their evidence has raised wholly unnecessary complications in the trial. The learned Sessions Judge quite unnecessarily in our opinion, framed three charges against these two accused one of murder under Section 302 another (sic) robbery under Section 392 and yet a third charge under Section 201, I. P. C. He very strangely acquitted this appellant of the charge under Section 201, I. P. C., and at the same time on the strength of the recovery of the Jewels which he believed belonged to Veeramma he convicted the appellant under Section 302 for the offence of murder and sentenced him to transportation for life and in addition found him guilty under Section 379 or Section 411, I. P. C., in the alternative and sentenced him to undergo rigorous imprisonment for two years. It is quite unnecessary, in a case of murder for gain to frame separate charges under Section 392 or Section 411 or Section 379 or Section 201, I. P. C. We are embarrassed at the unsatisfactory manner in which this case has been dealt with and at the acquittal of this appellant an the circumstances of the charge under Section 201, I. P. C. Normally if an accused person is' convicted under Section 302 I. P. C., of murder it would be quite open to the appellate Bench, if the evidence warrants it to modify the conviction to one under Section 201, I. P. C., if the facts show that the appellant had no hand in the murder itself but only assisted in the disposal of the body after the murder.