PUBLIC PROSECUTOR Vs. MANCHANAMOLU SUBBARAO

JUDGEMENT

(1.) This is an appeal by the state Government against the judgment of the Sessions Case No. 14 of 1962, whereby he acquitted the accused-respondent (Manchanamolu Subba Rao) of the offences of murder and robbery punishable under Ss. 302 and 392, Indian Penal Code, with which he was charged. in support of this appeal by the State Government, it was contended by the learned Public Prosecutor that the learned Sessions Judge has taken an unreasonable view of the evidence in acquitting the accused, with the result that there has been a grave miscarriage of justice.

(2.) This is an unfortunate case and is a typical instance of juvenile delinquency. At the time the offence was committed, the accused was aged below and was studying in VIII class in the Mathwada Government Middle School at Warangal. The case of the prosecution was that with a view to rob a classmate of his, Shanker by name, of a watch which the latter was wearing and which he had received as a present from his uncle P. W. 3, accused , who was friendly with Shanker, had on the evening of 8-5-196 2, taken him to hotel known as Sivaji Hotel, treated him to a meal of "biriyani", and had later stabbed him to death with a knife in the premises of the Government Middle School and had taken away the watch from Shankers wrist.

(3.) The facts unfolded by the evidence adduced by the prosecution are as follows:- P. W. 3 (Kodati Laxman) is a resident of Warangal. He is a photographer and has a studio in the station road. The deceased Shanker was the nephew of P. W. 3. Shanker had his father and the material time he was staying in the house of P. W. 3, who was acting as his guardian. It is the evidence of P. W. 3 that on 23-4-1962, that is to say, about 15 days before the occurrence he had purchased a wrist watch (M. O. 1) for Rs. 75.00 from the Bombay Stores at Warangal, under receipts Ex. P.2 and had presented the watch to his nephew, Shanker, as reward for the latters good performance at his examination, which had taken place a few days earlier. According to P. W. 3, form that time onwards, Shanker was wearing the wrist watch constantly. that part of the prosecution case is supported by the evidence of P. W. 11 (Abdul Hussain), the owner of the Bombay Stores and the receipt Ex. P. 2 passed by him P. W. 11 stated that he had sold a wrist watch to P. W. 3 on 23-4-1962 for Rs. 75.00 and he identified the watch later as M. O. 1. P. W. 11, but also by hid gumastha. Besides, the receipt shows its price as Rs. 75.00 and the watch was guaranteed for three years.