ANGOTHU LACHU Vs. STATE OF A P

JUDGEMENT

(1.) Angothu Latchu, the appellant/ accused aggrieved by conviction and sentence imposed on him under Section 326 IPC by the learned Principal Sessions Judge, Nalgonda in Sessions Case No.95 of 1997 had preferred the present Criminal Appeal.

(2.) The case of the prosecution is as follows: The deceased in this case is one Bheemla. He has two wives by name Mojali and Bichali. Accused is the brother of Bheemla. Bheemla, accused (Latchu) and Hemla are brothers. Among them, Hemla became man of unsound mind and leading a wayward life. Their ancestral property was to be divided among three brothers. The accused was intending to grab the share of Hemla, for which deceased Bheemla took up objection and that initiated differences between Bheemla and Latchu. At about 7 p.m. on 13-5-1995 Angothu Shivali, W/o. Latchu. (accused) was quarreled with Mojali the elder wife of the deceased. Angothu Bichi and Angothu Ramji rushed to the spot and tried to separate the ladies and pacify the matter. In the meantime, the deceased Bheemla came there and intervened. The accused Latchu became annoyed and inflicted a knife injury on the left hand of the deceased Bheemla. Aforesaid Bitchu and Ramji, who were initially shown as accused along with the present accused Latchu, intervened and rescued Bheemla. Thereafter, Bheemla went to the house of Dharavath Nanu their caste elder, who is also the father of one Panthu, M.P.T.C. Member, to report the matter. P.W.7 Nanu advised Bheemla to report the matter to police. When Bheemla was returning to his house, on the way accused attacked Bheemla nearthorny bushes and inflicted knife injuries on right side of chest and neck and caused bleeding injuries. Bheemla was taken to Kamala Nehru Hospital, Vijayapuri and while being treated there, he succumbed to the injuries on 24-5-1995. At about 9 p.m. on 13-5-1995 P.W.1 Angothu Hari, S/o. Bheemla lodged report with Alwal Police Station mentioning therein that on that evening at about 9 p.m. on 13-5-1995 when his mother Mojali-first wife of Bheemla was standing in front of their house, wife of accused by name Shivali came and quarrelled with his mother for no reason and on seeing this his father Bheemla intervened and tried to rescue Mojali and pacify the matter. In the meantime, the accused Latchu. Angothu Bitchu and Angothu Ramji who were on inimical terms, assaulted Bheemla and Latchu inflicted injuries on his father with knife on left hand, right side of the chest and neck while the remainingtwo caught hold of his father. Subsequently, all the 3 assailants escaped from the place.

(3.) Basing on the report given by P.W.1 Hari, the Sub-Inspector of Police, P.W.13 B. Ramulu Naik registered a case under Section 326 read with 34 IPC. He recorded the statements of the witnesses, prepared scene of offence panchanama and seized blood-stained and controlled earth. He sent injured Bheemla to Kamala Nehru Hospital after recording his statement marked Ex.P-8. He has disclosed in that statement that only Angothu Latchu-accused had inflicted injuries on his and the other two namely Angothu Bitchu and Ramji only intervened and tried to pacify them and save him from the clutches of accused Latchu.