MADIREDDIPALLE SAKALA SRINIVASULU Vs. STATE

JUDGEMENT

(1.) Madireddipalli Sakala Srinlvasufu A-1, Sankaralah A2. Narasimhulu A-3, and Madireddipalli Sakala Ramaiah A-4 were tried for causing the death of Paidipalli Ramachandraiah in Sessions Case No. 20 of 73 on the file of the Sessions Court, Chittoor. A-1 was charged under section 302 I.P.C. A. 2 to A. 4 were charged under section 302 read with Section 34 I.P.C. While A. 2 to A. 4 were acquitted, A. I was convicted under section 304 Part II, I.P.C. and has been sentenced to suffer R.I. for five years. Criminal Appeal No, 377 of 1973 is filed by A. I against his conviction and sentence. Criminal Appeal No. 627 of 73 is filed by the State against the acquital of A-1 of the offence under section 302 I.P.C.

(2.) A-1 to A-2 are brothers and A. 4 is their father. They are residents of Chinnakamipaill in Chittoor Taluk. Paidipalli Ramachandraiah, the deceased In this case, was a native of Diguva Tadakara a neighbouring village. He was working as a Lower Division Clerk in the Military Officers' Training College at Madras. He appled for 40 days leave in the last week of August, 1972 and went to his father's place Diguva Tadakar with his wife Sarojini Devi (P.W. 6), The deceased's younger brother P. Chinna Srinlvasulu (P.W. I) is working as a Notice Server in the Income-tax Department at Nellore. The deceaeed's sister Sarojamma (P.W. 2) lives In the village of jettipalli in Chittoor Taluk. Another sister of the deceased Desamma (P,W. 3) lives in Marlabanda which is another village in Chittoor Taluk. A. Krishnaiah (P.W. 8) is a resident of Aragonda village in Chittor Taluq. He is related to the deceased who is the son of his maternal uncle. Bojamma (P.W, 5) who also belongs to the caste of the deceased, lives in Paipalli village of Chittor Taluq after having discarded her husband who is a patient of leprosy, P. Raghavaiah (P.w. 7) is a r sident of Chinnakampalli where the accused reside. The accused, the deceased, P.ws. 1. 2, 3, S and 8 are all related to P. w. 7. He proposed to celebrate the marriages of his son and daughter between 5 a.m. and 6 a.m. on 4-9-72 at the Vighneswara Temple in Kanipakam village which is about one mile from Chinnakampalli. On his invitation, the deceased, P. ws. 1 to 3, 6, 8 and other relations including the accused I, 2, 3 and P. w. 5 attended the marriages at the Kanipakam Temple. At the time of the marriages, A. 2 kicked P. w. 5 and there was an altercation which was subsided. After celebration of the marriages, the deceased remonstrated with A-2 for kicking a lady. A. 2 grew wild and caught hold of the shirt of the deceased. The deceased thereupon beat A-2 with his hand and pushed him down Into a channel which contained muddy water. The shirt (M.O. 7) and the Dhoti (M.O. 8) which A. 2 was then wearing become dirty. A2 felt insulted and hurt. A. I, A. 2 and A. 3 left the place announcing that they would see to it when the deceased would come to their village Chinnakampalli. The three accused left the place along a tank bed. Thereafter the deceased and others had their tea and the marriage party left for Chinnakampalli, some in double bullock carts and others by foot, While P. w. 6, the wife of the deceaaed travelled in a cart, the deceased, P.w. I. P.w. 2, P.w. 3, P.w. 8 and P.w. 2's husband Ramaiah proceeded walking the foot-path. By about 7 a.m. when they reached a tamarind tree in the outskirts of the village of Chinnakampalli, they found the four accused coming from the village side. A. 2, A. 3, and A. 4 were armed with sticks and tried to beat P.w. I and others. P.w. I caught hold of the sticks In the hands of A. 2 and A. 3. The deceased who was walking behind, ran towards P.w. I. A. I thereupon whipped out a dagger (M.O. i) from his waist and stabbed the deceased on the left side of the chest. The deceased collapsed on receipt of the injury, the accused ran away towards the village. In spite of support by P.w. 2, the deceased fell down. P.w. I bandaged the wound with a piece of cloth (M.O. 6) supplied by P.w. 2. As it appeared that the deceased was dead, they shook the deceased and saw if there was any life and however found that life was extinct. Besides P.Ws. 1, 2, 3 and 8, Chinnabba Reddy (P,W. 4) of Chinnakampalli witnessed the occurrence.

(3.) Keeping P Ws. 2, 3 and 8 at the dead body, P.W. 1 went to the village of Kanipakarn to report the matter to the Village Munsif. On being Informed about the occurrence, the village Munsif (P.w II) went to the local Public Call Office along with P w. 1 and requested the post-Master (P.W. 10) to book a trunk call to the Sub-Inspector of Police, Puthalpet. P. W. 10 booked a call, and the call could not however mature as the telephone line to puthalpet was out of order. Waiting at the post Office for about 45 minutes, P. W. 11 cancelled the call and went to the scene of occurrence with P. W. 1. After seeing the dead body of the deceased, he enquired the witnesses present at the place and then got the report of P. W. 1 reduced Into writing to the narration of P. W. 1 under Ex.p. 1 by about 9 a.m. Aranglng watch over the dead body, P,W, 11 prepared his reports under Exs, P. 13 and p. 14 to the police and the Magistrate. He sent Exs. P.1 and P, 13 to the police at Puthalpet which is about 11 miles from Chinnakampalli. He has also sent Ex. P. 14 and a copy of Ex. P, 1 (under Ex. P. 15) to the Magistrate at Chittoor,