BELLANA KANNAM NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in S.C. No. 23 of 1992 on the file of the Court of the Sessions Judge, Vizainagaram, was tried for an offence under S. 302 of the Indian Penal Code for causing the death of his father, Bellanna Rama Murthy, hereinafter referred to as the 'deceased' by beating him with a stout casurina stick on his head on 20/09/1991 at about 7.00 a.m. at Konda Konguva village, and was convicted by the learned Sessions Judge and sentenced to undergo imprisonment for life.

(2.) For the purpose of disposal of this appeal, it is necessary to set out the case of the prosecution in detail : The accused is the son of the deceased. The deceased had four daughters and three sons. The accused is the eldest son. The deceased and his sons partitioned their properties, and at the partition of the family properties, the sons left two small plots of land to the deceased for his maintenance. The deceased along with his wife, Pydithalli, were living separately. His younger son was cultivating the plots and was giving paddy to him. Accused wanted to grab the two plots of land allotted to his father and was demanding the deceased to part with the same.

(3.) On 20-9-1991 at about 7.00 a.m. the accused went to the house of the deceased and questioned as to why he had retained two plots of land for him and how the accused should survive. Then there was altercation between the father and the son and ultimately the accused told the deceased that he would take away the two plots of land which was retained by his father and he also beat the deceased on his head with a stout casurina stick and ran away. Thereafter, the deceased was taken to the Government Hospital, Salur and the deceased was admitted by P.W. 6, Deputy Civil Surgeon of the Hospital. The admission of the deceased into the hospital was immediately sent to the Police by P.W. 6, and also to the Munsif Magistrate. P.W. 5, Munsif Magistrate, Salur, recorded the dying declaration of the deceased. It is marked as Ex. P-5. P.W. 7, Head Constable of Salur Town Police Station, proceeded to the hospital and recorded the statement of the deceased. It is marked as Ex. P-9. He registered a case in Crime No. 81 of 1991 of Salur Police Station and express F.I.Rs. were issued by him. It was, however, transmitted to Ramabhadrapuram Police Station on point of jurisdiction. On receipt of the copy of the F.I.R. P.W. 8, Head Constable of Ramabhadrapuram Police Station, re-registered the same as Crime No. 44 of 1991 of Ramabhadrapuram Police Station and issued express F.I.Rs. to all the concerned authorities. P.W. 8 sent two constables to take the injured to King George Hospital at Visakhapatnam. On 21-9-1991 the deceased was admitted into the K.G.H. Hospital. Before the deceased was admitted into the K.G.H. Hospital, the Sub-Inspector of Police Ramabhadrapuram Police Station, P.W. 9, went to Salur Police Station and recorded the statement of the deceased. It is marked as Ex. P-12. Later, P.W. 9 proceeded to the scene of offence and drew up Ex. P-13, rough sketch of the scene of offence. He also drew up Ex. P-3, a report incorporating therein his observations of the scene of offence. Later, he seized M.Os. 1 to 5 - stick, banian, pancha, blood stained earth and control earth. The deceased died in the K.G.H. Hospital, Visakhapatnam, on 28-9-1991 at 12 noon. Intimation of death of the deceased was sent to the Police Station at Ramabhadrapuram. On receipt of the intimation, P.W. 9 issued revised F.I.Rs. under S. 302 of the Indian Penal Code to all the concerned authorities. Ex. P-14 is the revised copy of the express F.I.R. P.W. 9, Sub-Inspector of Police Ramabhadrapuram Police Station visited the K.G.H. and hold inquest over the dead body of the deceased. Ex. P-4 the inquest report and sent the dead body for post-mortem examination. P.W. 12, Professor, Forensic Medicine, Andhra Medical College, Visakhapatnam, conducted autopsy over the dead body of the deceased and issued the certificate Ex. P17. In the opinion of P.W. 12, the deceased died of skull intracranial haemorrhage, P.W. 10, Inspector of Police, Kotiya Circle, took over investigation, arrested the accused and after completing investigation into the case filed the charge-sheet