IN RE: BOREDDI KONDAMMA AND ANR. Vs. STATE

JUDGEMENT

(1.) THESE two appeals arise out of S.C. No. 47 of 1946 in the Court of Session, Cuddapah. C.A. No. 108 of 1947 is at the instance of the first accused, and C.A. No. 109 of 1947 at the instance of the second accused. Both are from jail. Both the accused were charged for the murder of one Vuttanna, by the second accused procuring oleander seeds and giving them to the first accused so that the latter might administer the poison to one Venkatamma in order to kill her in furtherance of a common intention.

(2.) THE first accused crushed an oleander seed and mixed it and arsenic in butter -milk and gave the butter -milk to Venkatamma but the said butter -milk was drunk by Venkatamma's relative Vuttanna and he died as a result thereof. Both the accused wer charged for an offence punishable under Section 302 read with Section 34, Indian Penal Code.

(3.) THE learned Sessions Judge found on the evidence that it was clear that the second accused wanted to kill Venkatamma (P.W. 1) by poisoning her and that the first accused co -operated with her in carrying out that intention and that in furtherance of this commom intention a deliberate attempt was made to administer to P.W. 1 the oleander poison sufficient to cause her death. He also found that there was no room for doubting that the death of Vuttanna was due to the poison administered by the accused in butter -milk. On these findings the learned Judge found both the accused not guilty under Section 302 but found them guilty under Section 307 read with Section 34, Indian Penal Code and sentenced them to rigorous imprisonment for ten years.