ASHOK RAMJI ROY Vs. STATE OF A.P.

JUDGEMENT

(1.) The sole accused in S.C.No.165 of 2009 on the file of I- Additional Metropolitan Sessions Judge, Hyderabad was tried for the offence of committing murder of one Mr. Pallapu Veeresham, and injuring Mr. Makkala Ganesh- PW.1 on 23.11.2008 at Domalguda, Hyderabad. The charges referable to Section 302 and 307 IPC were framed against him. Through its judgment dt. 12.08.2009, the trial Court convicted him for both the offences. It has imposed punishment of imprisonment for life and fine of Rs.300/-, and in default to under simple imprisonment for three months, for the offence under Sec.302 IPC; and imprisonment for ten years and to pay fine of Rs.200/-, and in default, simple imprisonment for two months, for the offence under Sec.307 IPC. Both the sentences of imprisonment were directed to run concurrently. Hence this appeal.

(2.) There are different versions as to how the police first came to know about the incident that give raise to death of Veeresham. The complaint-Ex.P.1 was submitted by PW-2, who is the brother-in-law of injured witness, PW.1- Ganesh, at around midnight before the Police Station, Chikkadapally. Basing on the same Cr.No.577 of 2008 was registered. According to the contents of Ex.P.1, PW-2 a resident of Moulali went to Vaddera Basthi of Domalguda to see his sister and brother-in-law, PW-1 on 23.11.2008 at 5.00 pm. Himself, the deceased and their friends had liquor around 5.30 pm. Thereafter, himself, deceased, PW-2 and two others went nearby the Public Toilets, at Rose Colony, Domalguda, Hyderabad to play cards and started the same. At that time about ten rag- pickers were also said to have been playing cards at that place.

(3.) The accused, who is one of the rag-pickers is said to have asked the deceased, PW.1 and PW.2 and two others to move away from that place. Thereupon, the deceased said to have replied stating that it is their locality and the question of their moving does not arise. The accused is said to have become angry and went away. Ten minutes thereafter, he said to have come back from a shop with a knife and he first stabbed Ganesh, PW.1 in the abdomen and other parts of the body. Afterwards, the accused is said to have stabbed Veeresham, the deceased. PW.2 stated that after seeing the incident, he and other persons ran away with bleeding injuries, and that Veeresham and PW.1 were being shifted to Hospital, and Veeresham died on the way. PW.2 further stated that the accused, who was in a drunken condition, has stabbed one Mr. Mogalaiah also. However, a perusal of the evidence of PW.2, the de facto complainant reveals that even while the quarrel between the two groups was in progress, police arrived there, and shifted PW.1 and Veeresham to the hospital in the police van itself.