UPPUTURI RAMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused Upputuri Ramaiah, aggrieved of the judgment of the Principal Assistant Sessions Judge, Narasaraopet dated 30.8.1997, in S.C. No. 103 8/94, had preferred this criminal appeal.

(2.) The facts in brief of the episode of the prosecution are as hereunder :

(3.) The appellant-accused and PW-1 Nallapati Anjaneyulu are residents of Jonnalagadda Village and the said Nallapati Anjaneyulu is said to have illicit intimacy with the mother of the accused and the accused bore grudge against him. It is also the case of the prosecution that the accused was waiting for an opportunity to do away with the life of the said Anjaneyulu for the reason referred to supra. On 2.9.1994 at about 8 a.m., while the said Anjaneyulu after having tea with Katla Prasada Rao was proceeding towards the village along with his bicycle from the Bus Stand centre, the accused came in the opposite direction armed with an axe and pushed him, as a result of which, the said Nallapati Anjaneyulu and the bicycle fell down. The accused hacked Nallapati Anjaneyulu with an axe on his head. As a result, the said axe got stuck in the head of Anjaneyulu. Anjaneyulu raised cries. Nallapati Venkateswarlu, Nallapati Jagan Mohan, Vemparala Venkateswarlu and Katla Prasada Rao rushed to his rescue and on seeing them, the accused ran away. Then, the injured was shiftedto Government Hospital, Narasaraopet in an autorickshaw and on the way his son Mallikarjuna Rao also joined him. Anjaneyulu was examined by the doctor at the Government Hospital, Narasaraopet who gave intimation to the police as well as the Magistrate. The I Additional Munsif Magistrate, Narasaraopet recorded the Dying Declaration of Anjaneyulu and basing on the copy thereof, the police have registered a case in Cr.No.97/94 and had taken up investigation. Subsequent thereto, Anjaneyulu was referred to the Government Hospital, Guntur, and he was taken to Government General Hospital, Guntur. But the doctor there had expressed his inability to remove the axe from the head of Anjaneyulu and so referred him to Osmania General Hospital, Hyderabad. However, the injured was taken to a private nursing home of Dr. CJagannadham at Guntur who is a Neurologist who performed an emergency operation and removed the axe from the head of Nallapati Anjaneyulu. During the course of investigation, the witnesses were examined and the axe and also blood stained clothes were seized in the presence of mediators under a cover of mediatomama. The doctor who treated the injured was of the opinion that the injury was grievous in nature. The accused was arrested on 13.4.1994 and was sent to remand and on completion of investigation charge-sheet was filed. The I Additional Munsif Magistrate, Narasaraopet, committed the case to the Court of Session, and the Court of Session made over the same to the Court concerned, which had tried and disposed of the matter in accordance with law. Upon consideration of the material, the Court framed charges under Sections 307 and 326 I.P.C and the said charges were denied by the accused pleading not guilty.