SAVALAM SURANNA DORA Vs. STATE

JUDGEMENT

(1.) This criminal appeal arises against the judgment rendered in S.C. No. 287 of 1997 by the Principal Sessions Judge, East Godavari District at Rajahmundry, convicting and sentencing the accused to undergo Rigorous Imprisonment for a period of five years and also directing to pay a fine of Rs. 100.00, in default of payment of fine, Simple Imprisonment for a period of one month for the offence punishable under Section 304, Part I, I.P.C.

(2.) The case of the prosecution can be briefly stated as follows: The accused is the husband of the deceased, Savalam Singaramma. They are residents of Paragasanipada village of Devipatnam Mandal. On 30-3-1997 at about 10.30 p.m., while the said Singaramma was sleeping along with her daughter on the coir cot placed in the varandah of the house belonging to Tati Singanna Dora, the accused asked her to sleep together and have an intercourse with him. When she refused to do so, the accused stabbed her with a knife on her stomach near umbilicus. P.Ws. 1, 2 and 3 have witnessed the incident. She was brought to the police station at 2.30 a.m. on 30-3-1997. P.W. 12, the Head Constable of Devipatnam police station recorded her statement and the same has been registered as Crime No. 13 of 1997. She was removed in a jeep from Devipatnam police station to Rampachodavaram hospital and thereafter from Rampachodavaram to Rajahmundry Government Hospital and she died at the hospital. On receipt of Ex. P-15, death intimation from the Government Hospital, Rajahmundry, Devipatnam police altered the F.I.R., in Crime No. 13 of 1997 from Section 307, I.P.C. to Section 302, I.P.C. under Ex. P-16. After completion of investigation, P.W. 13, Inspector of Police filed charge sheet before the Sub-Divisional Magistrate, Rampachodavaram. The Sub-Divisional Magistrate examined the eye-witnesses, who saw the incident, and thereafter he committed the case to the Court of Session under theCode of Criminal Procedure, 1898 which is applicable to agency tracts of Andhra Pradesh. The plea of the accused is one of denial for the charge under Section 302, I.P.C. The trial was held by the Principal Sessions Judge, Rajahmundry. The learned Sessions Judge examined 13 witnesses on behalf of the prosecution. P.W. 1, Savalam Venkatalakshmi speaks about herself and her brother sleeping in coir cot and her mother is sleeping on another coir cot at the house of Singanna Dora, who is her maternal uncle. She also deposed that at about 10.30 p.m., she heard cries 'Ammoi and Baaboi'. Then P.W. 3 put on torchlight and she saw the accused running away and she also saw her mother and the knife was inserted into the abdomen below the 'boddu'. She could able to see the handle portion of the knife as the rest of the knife was pierced into abdomen. Then she sent word to Singanna Dora through Kangala Ramanna Dora about the stabbing of her mother by her father. She also deposed about taking her mother on a double bullock cart to Devipatnam police station and herself Kangala Ramanna Dora, Kangala Naganna Dora, Kunjam Chellanna Dora, Kommara Venkanna Dora and Singanna Dora accompanying her mother. She also deposed that a Jeep is provided to go to Rampachodavaram Government Hospital and the doctor directed to take her mother to Rajahmundry Government Hospital. The Court did not record the evidence of P.W. 2, Savalam Ramesh after putting some questions, as the witness was unable to answer the questions properly. P.W. 3 Pannuri Bhaskaram is a neighbour. According to his version, there is little gap in between his house and the house of the deceased. He deposed that himself and his daughter (sic) sleeping on two cots in the varandah belonging to Singanna Dora. On Sunday night he heard cries of the deceased as 'babboi podichesadu chachhipotunnanu'. Then he woke up and put on torchlight and observed the accused running away. Again the witness says that he did not see the accused running away. Then he observed the knife was found pierced into the abdomen of the deceased and he also observed the handle of the knife, which was outside the abdomen. P.W. 4 is Tati Signanna Dora. According to his version when he was at tobacco barron, Kangala Ramanna Dora came and informed him that his brother-in-law stabbed his sister. Then it was 10.00 p.m. Then he took the injured Singaramma to the Devipatnam police station in a cart and the police directed him to take the injured to Rampachodayaram Government Hospital. There is a knife pierced inside the lower abdomen and he saw the handle portion of the knife. The doctor _ advised to take the injured to the Government Hospital, Rajahmundry. A jeep is also provided by the Devipatnam police station. Thereupon, they took the injured to Government Hospital at Rajahmundry where she died. It is also his version that P.W. 12 recorded the statement of the injured and obtained her thumb impression on it. P.W. 5 is Kangala Sreeramulu Dora. He speaks about the elders scolding the accused for committing the theft of chillies and admonishing him not to commit the theft further. P.W. 6 is Chintalapudi Suguna. She spoke about the theft of chillies committed by the accused and 15 days prior to the death of the deceased the accused sold 15 K.Gs., of chillies to her and she paid Rs. 50.00 to the accused. She also stated that the elders advised her not to purchase anything from the accused and they also advised the accused not to commit thefts. P.W. 7 is the Driver-cum-owner of the Jeep bearing No. AIK 2916. He spoke about the taking of one lady with stab injury from Devipatnam Police Station to Rampachodavaram Government Hospital. As there is no operation facility at Rampachodavaram Government Hospital, the injured was taken in his jeep to Government General Hospital, Rajahmundry. According to him they were reached Rajahmundry at about 5.00 or 6.00 a.m. P.W. 8, Madakam Gangannadora is the V.A.O., of Manturu village. He was incharge of Pudipalli and Devipatnam villages. He spoke about acting as mediator along with Nookala China Pentayya. He also spoke about the observation of scene of offence and drafting observation report, about the doctor producing M.O.I, knife and M.O.2 Saree and seizing of the same by the S.H.O., Devipatnam Police Station under the cover of mediators report, Ex. P-4. He also spoke about the holding of inquest over the dead body of the deceased by the C.I. of Police at the mortuary of Government Hospital. P.W. 9, P. Mohana Rao speaks about the taking of the dead body of the deceased to the Medical Officer for conducting post-mortem examination. After the post-mortem he handed over the dead body to the blood relations of the deceased. P.W. 10 is Dr. M. Lova Raju, who is working as Deputy Civil Surgeon, Government Hospital at Rajahmundry. He speaks about the examination of the injured and finding a knife in the abdomen near umbilicus. He observed 4

(3.) The point that arises for consideraion is whether the prosecution has established the guilt of the accused beyond all reasonable doubt for the offence under Section 304, Part-I, IPC.