NAGULAPALLI SATYANARAYANA Vs. STATE OF A P

JUDGEMENT

(1.) A-l and A-2 in Sessions Case No. 190 of 1997 on the file of the I Additional Sessions Judge, Rajahmundry are appellants in Crl. Appeal Nos. 1681 of 2000 and 167 of 2001 respectively. The learned Sessions Judge found A-l and A-2 guilty of offence under Section 302 read with Section 34 IPC. They were sentenced to undergo imprisonment for life and to pay a fine of Rs. 200.00 each, in default to undergo simple imprisonment for one week. A-3 was found not guilty of the charge under Section 302 IPC read with Section 34 IPC and accordingly he was acquitted. Against the acquittal of A-3 the State has filed Crl.Appeal No. 548 of 2001.

(2.) As all these three appeals are directed against the same judgment, they are being disposed of by this common judgment.

(3.) The brief facts that are necessary for the disposal of these appeals may be delineated as follows. All the accused, deceased and other material witnesses are residents of Lingampet, Rajahmundry. Every year the residents of Lingampet perform "Pyditalli Ammavari" festival at Lingampet. A day prior to the date of offence A-l and A-2 quarreled with the father of the deceased in a drunken state in connection with the place of performance of the festival. On 10-11-1996 on Diwali night at about 8.30 when P.W. 1 was burning crackers on the road A-2 came there in a fully drunken state, caught hold of his shirt and questioned him as to why he was burning crackers at that place. Then P.W. 1 went into house. On the next day at about 5.30 p.m. when the deceased and P.W. 2 were present at the mechanic shop of P.W. 2, P.W. 1 went there and informed them about the incident which took place on the previous night. At that time A-l to A-3 came there and abused them. A-2 and A-3 caught hold of the hands of the deceased and A-l stabbed the deceased on the left side of the stomach. The deceased collapsed on receipt of the said injury. Then the accused ran away from the scene of occurrence. P.Ws. 1 to 4 lifted the deceased into an auto and P.Ws. 3 and 4 took the deceased to Government Hospital, Rajahmundry. The doctors declared him dead. Thereupon P.W. 1, who went to the hospital on his cycle by following the auto, went and informed about the death of the deceased to his parents and thereafter at about 8.00 p.m. P.W. 9 recorded the statement from P.W. 1 and registered a case. After receipt of express copy of the First Information Report, P.W. ICMook up investigation. He visited the scene of occurrence and posted guards at the scene of occurrence and the dead body in the hospital. While P.W. 10 was in the police station, A-l came with minor injuries. Therefore, A-l was sent to Government Hospital at headquarters. On 12-11-1996 P.W. 10 took- up further investigation and observed scene of occurrence and seized the blood stained clothes in the presence of mahazardars. He prepared a rough sketch of the scene of occurrence. He also got the scene of occurrence photographed through P.W. 5. Thereafter he proceeded to the Government Hospital and conducted inquest on the dead- body in the presence of P.W. 8 and others. He examined the witnesses and recorded the statements. On the same date at about 12.30 p.m. P.W. 6 conducted autopsy and opined that the deceased died due to shock and hemorrhage as a result of stab injury on the left side of the chest. On 13-11-1996 at 11.00 a.m. P.W. 10 arrested A-2 and A-3. On 14-11-96 A-l was discharged from the hospital and he was arrested. In pursuance of the confessional statement made by A-l, M.O. 1 was recovered. The material objects were sent to Forensic Science Laboratory. After receipt of report and after completion of investigation P.W. 10 filed charge-sheet.