BARTHU SRINIVASA RAO Vs. STATE

JUDGEMENT

(1.) The sole accused in Sessions Case No. 43 of 1991 on the file of the Metropolitan Sessions Judge, Vijayawada is the appellant herein and he filed this appeal assailing his conviction under Section 302 of IPC and sentence of imprisonment for life and to pay fine of Rs. 10,000/- and in default to undergo S.I for a period of one year and also under Section 392 of IPC and sentence of R.I for 10 years and to pay a fine of Rs. 5,000/- and is default to undergo S.I. for a period of six months. The sentences of imprisonment for both the offences were directed to run concurrently by the Lower Court.

(2.) The gravamen of the charge is that the appellant/accused while travelling inNarsapur-Hyderabad Express on 6-11-1990 atabout8.30 P.M., while the train was on platform No. 1 of Gudivada Railway Station gave drink mixed with poison with a view to rob the money of Namuluri Venkata Naga Subbarao (hereinafter called 'the deceased') which was carried with him in a suit case.

(3.) The brief facts of the case of the prosecution as deposed by P.Ws. 1 to 6 are that the deceased - Namuluri Venkata Naga Subbarao - was resident of Vijayawada and was workingas Sales Representative of Messrs Vijaya Beer and Wines. The deceased used to go on tours for collection of monies due from the wholesale shops' owners. The accused is resident of Sundarapalli of Pamarru Mandalam of East Godavari District. The accused gained acquaintance with the deceased during his tours and he was aware of the programmes and the movements of the deceased and had an eye over the collection of monies by the deceased. He wanted to rob that amount by causing his death. So, he secured poison. On 5-11-1990 and 6-11-1990 the deceased is said to have visited several places in West Godavari and East Godavari and collected Rs. 1,01,200/-. With that money he boarded the Narsapur-Hyderabad Express on 6-11-1990 at Bhimavaram having purchased the ticket to go to Vijayawada and got into the general compartment, which was fourth bogi from the rear carrying with him the collections made by him in abrief case (M.O.I). P. W.4, who is a lorry cleaner, was also said to be travelling in the same compartment and he is a resident of Vijayawada and he had been to Bhimavaram on his personal work and was returning in the same express. The deceased and the accused were sitting opposite to him in the same compartment. The accused is said to have purchased ticket for Gudivada. After the train reached Gudivada station at about 8.30 P.M., and was stopped at platform No. 1, the accused went inside the lavatory and placed the poison powder in one of the steel glasses. The accused and the deceased got down from the train and sat on the sixth bench from southern end of the platform. There the accused poured the drink from the bottle into two tumblers and gave the tumbler containing poison to the deceased. When the deceased refused to take, the accused insisted him and the deceased has taken the drink. Immediately after taking the drink, the deceased fell down and started struggling complaining pain. The accused took away the brief case of the deceased, which contained cashof Rs. 1,01,200/-. Thebrief case is M.O.I. P.W.I is a Railway Porter, P.W.2 is a Tea Vendor and P.W.3 is a Railway canteen server. All of them found people gathered near the cement bench and went there. P.W. 1 questioned the deceased as to what had happened. Then the deceased told him that the accused gave him some drink and after taking that he is feeling reeling sensation and his briefcase is with the accused. When the accused started going away with the brief case (M.O.1), P.W.I caught hold of him and questioned him. The accused confessed that he has given the juice to the deceased to knock away the cash and that he did not think that it would result in that way. P.W.I handed over the accused along with M.O.I brief case and M.O.2 VIP rexin zip bag to P. W.27, the Railway Police constable, who was coming that way. On the instructions of P. W.27, P. W .1 went to police out-post and brought P.W.28, the Railway Police Head Constable. Then the deceased was removed to the hospital where he was examined by P.W.25, who declared him dead and issued Ex. P-33 reply memo. P.W.28 then recorded the statement of P.W.1, which is marked as Ex.,P-1, and sent. Exs'.P-1 and P-33 to the Railway Police Station, Vijayawada through P.W.31 and detained the accused along with M.Os-1 and 2 till the anual of the Sub- Inspector (P.W.32) and the Circle Inspector (P.W.33), P.W.32 received Exs.P-1 and P-33 on 7-11-1990 at 7.30 A.M., at Vijayawada Railway Police station and registered the same as Crime No. 297 of 1990 under Sections 328, 302 and 379 IPC and issued FIR Ex.P-42. P.W.32 and P.W.33 left for Gudivada at 8.45 A Ai.. and reached thereby 10.30 A.M. P.W.33 observed the scene of of fence, examined P.Ws. 1 to 3, 5, 6, 27 and 28 and held inquest in the presence of P.W.26 and another. Ex.P-34 is the inquest report. He seized M.Os.1 and 2 and got opened them. From M.O.2 he seized M.Os.10 to 18. M.O.10 is a small stainless steel glass. M.O.ll is also a small stainless steel glass. M.O.12 is a packet containing a bottle with white poisonous substance, M.O.13 is one bottle containing some yellow coloured drink like substance, MO. 14 is railway ticket No. 45514 dated 6-11-1990 from Narsapur to Gudivada. M.O.15 is a small cloth hand bag with flowers design. M.O.16 is a dark blue coloured jeans pant. M.O.17 is a white colour shirt and M.O.18 is a green yellow striped lungi. From M.0.1 he seized M.Os.3 to 5, 19 and 20. M.O.3 is the order book of Vijay Beer and Wines, Vijayawada. M.O.4 is the receipt book of Vijay Beer and Wines, Vijayawada. M.O.5 is the collection bookof Vijay Beer and Wines, Vijayawada. M.O.19 is the railway ticket No. 13996 dated 6-11-1990 from Narsapur to Vijayawada. M.O.20 is cash of Rs. 15/- i.e., 2 five rupees notes, 1 two rupee note, 2 one rupee coins and 2 fifty paise coins. He also seized cash of Rs. 1,01,2007- Thereafter, he sent the dead body for post-mortem examination. P.W.29 is the Doctor, who conducted autopsy over the dead body of the deceased and issued post-mortem certificate Ex.P-35 and preserved viscera of, stomach contents, sample of liver, sample of kidney, sample of lung, sample of heart with blood. He forwarded the viscera to the Director of Forensic Science Laboratory', Hyderabad and Ex.P-36 is the report of the Chemical Examiner. After receipt of the report, P.W.29 gave the final opinion, which is Ex.P-37, to the effect that the death was due to Potassium cyanide. On 7-11-1990 P.W.33 went to the scene of offence and searched it thoroughly and could not find any incriminating material. He then secured the presence of P.Ws. 1 to 3, 5, 6, 27 and 28 and others and recorded their statements. On 8-11-1990, P.W.33 examined P.Ws. 4, 7 to 9 and another and recorded their statements. On 9-11-1990 he examined P.Ws.10 to 12 and recorded their statements. On 11-ll-1990 he examined P. W.21 and recorded his statement. On 10-11-1990 he examined P.Ws. 13 to 20 and recorded their statements. On 12-11-1990 he examined P.Ws. 22 to 24 and recorded their statements. On the same day, he forwarded the viscera and stomach contents and M.Os. 10 to 13 to the Director, Forensic Science Laboratory, Hyderabad through the VII Metropolitan Magistrate, Vijayawada for Railways with Exs.P-38 and P-39. On 28-11-1990 he examined P.Ws. 25 and 29 and recorded their statements. After completion of investigation, he filed the charge-sheet.