MANDALA BHADRAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellants herein were convicted by the learned Additional Sessions Judge, Warangal, in S.C. No. 219 of 1990 for the offence punishable under S. 302, I.P.C. for causing the death of one Thota Ramulu by intentionally stabbing and axing him on 5-3-1990 at about 7.30 p.m. at Ashok Nagar village on the road and each of them was sentenced to R.I. for life and fine of R. 2,000/- each and in default to R.I. for six months.

(2.) A-1 is the son of A-2. PW-1, the wife of the deceased, is the niece of A-2. A-1 is a resident of Miryalaguda village. A-2 and the material prosecution witnesses are the residents of Ashok Nagar. The case of the prosecution is that A-2 had deposited Rs. 6,000.00 with PW-1, the wife of the deceased, and the latter had spent Rs. 2,300.00 out of that amount without the knowledge of his wife and so disputes had arisen about non-payment of the balance amount and a panchayat held in that regard did not result in amicable settlement. When A-2, after some time, demanded repayment of the amount, PW-1 could repay only Rs. 3,700.00. When the matter was referred to elders for panchayat, they advised A-2 to receive Rs. 1,800.00 but A-2 was not satisfied with the decision. A few days later, the wife of A-2 went to the house of one Polu Hanumanthu (PW-3) and gave him fish curry in the absence of his wife. The deceased wanted to insult A-2 and inform the said fact to the neighbours. Therefore, A-1 and A-2 bore grudge against the deceased. The actual incident happened on 5-3-1990 at about 7.30 p.m. When the deceased was narrating Polu Gopal (PW-2) about the wife of A-2 giving fish curry to PW-3, A-1 and A-2 overhead it, went there and picked up quarrel with the deceased and attacked him with knife (MO-2) and pick-axe (MO-1). A-1 stabbed the deceased on the abdomen, chest, fore-arm and wrist. A-2 dealt a blow with the pick-axe on the left knee of the deceased. Polu Gopal (PW-2) and the wife of the deceased (PW-1) raised hue and cry resulting in Suraiah, Mangali Yakaiah and Sreeramulu reaching the place and they found the deceased with bleeding injuries and shifted him to the bus stand. In the meanwhile, the Sub-Inspector of Police came there and, on a complaint, Ex. P-1, given by PW-1, the wife of the deceased, made on endorsement and sent the same to the Station House Officer to register the crime and sent the injured to hospital in his jeep. The Munsif Magistrate, Narasampet, (PW-6) recorded the dying declaration of the injured at the narasampet hospital. Later, the injured was shifted to M.G.M. Hospital where he succubmed to injuries on 7-3-1990. Thereafter, the section of law was altered from S. 307, I.P.C. to S. 302, I.P.C.

(3.) After completion of the investigation, charge-sheet was laid. The prosecution examined, in all, ten witness, of whom PW-8 is the doctor who conducted the autopsy on the body of the deceased. PW-10 is the investigating officer. PW-1 is the wife of the deceased. Polu Gopal (PW-2) is the son-in-law of the deceased. PW-6 is the Munsif Magistrate who recorded the dying declaration. Eleven documents, Exs. P-1 to P-11, were marked. No witnesses were examined on behalf of the accused. One document, Ex. D-1, which is zerox copy of the dying declaration, was brought on record. Before the trial Court, all the material witnesses including PW-1, the wife of the deceased, did not support the prosecution and they were, therefore, declared hostile and cross-examined. The trial Judge basing on the dying declaration, Ex. P-3, recorded by the Munsif Magistrate (PW-6) convicted both the accused as stated supra. Aggrieved by that, the present appeal was preferred.