BONDALAPATI AROGYANADHAM HARI Vs. STATE OF A P

JUDGEMENT

(1.) The appellant is A-1 before the trial Court. He along with another (A-2) was tried for the offences punishable under section 302 I P C. The trial Court acquitted A-2 and convicted A-1 under Section 302 IPC and sentenced him to imprisonment for life.

(2.) The prosecution case is as follows :- The deceased Sri G Ch. Venkataramaiah, was the Divisional Engineer, South-Central Railway and was known for his honesty and integrity. A-1 is a Mazdoor man in Vijayawada Thermal Power Station residing at Kondapalli apd at the relevant time the deceased was his Divisional Engineer. A-2 is a fruit hawker and a close friend of A-1. The Office of the deceased was situated in the second floor of the Divisional Office. A-1 was seeking a transfer to Vijayawada but the deceased did not accept his request. On 7-9-1982 at about 6-30 pm the deceased, P W 1 the Head-Clerk in the Office of the deceased PW 2 a watch man in the office of the deceased and PW 3 the electric crane operator in the Loco-shed came to the staircase leading to the first floor after closing the collapsible gate in the second floor of the building. When they came near the staircase, they found A-1 standing on the second step of the stair case while A2 was standing on the third step. A-1 requested the deceased to transfer him to Vijayawada and pretended to catch the legs of the deceased. The deceased asked him to come on the next day. A-1 who was in a drunken state pushed back the deceased upto the Office of the Assistant Engineer in the Second floor and fell on him and stabbed him indiscriminately with a Barise like knife. The knife got struck into the left hand of the de: eased. At that time A-2 was standing by the side of A-1. The accused No. 1 having inflicted the injuries ran away. P W 1 who witnessed the occurance, came out and found P W 4 the Sub Inspector, Railway Protection Force, near his office which is opposite to the office of the deceased. P W 4 having heard the cries by then, has come out of the office. P W 1 went and informed P W 4 that the deceased was stabbed by the assailant. Immediately he rushed to the office of the deceased and found the deceased lying in a pool of blood. P W 4 came down and went in a jeep to the Railway Hospital and brought P W 9. the Assistant Medical Officer. P W 9 examined the deceased and pronounced him to be dead. P W 4 thereafter asked P W 1 about the incident and on the basis of the information given by P W 1 he went to the V Town Police Station and drafted the report Ex. P-4 and handed over the same to P W 18 the Deputy Sub-Inspector at about 7-30 P M. P W 18 registered a crime and issued the F I Rs. He informed the Circle Inspector P W 20. P W 20 reached V Town Police Station and received the F I R Ex. P 39, and went to the scene of occurrence held the inquest in the presence of PW 13 and others. He examined PWs 1 to 3 during the inquest. He sent the dead body for postmortem. P W 14 the Civil Assistant Surgeon, conducted the postmortem on 8-9-82. He found as many as 18 incised wounds all-over the body. On internal examination he found injuries to the underlying structures and fracturing the 5th and 6th ribs injuring the pleura, right lung, left lung and the sternum. Most of the vital organs were also cut. He opined that the injuries could have been caused by sharp-edged weapon and the deceased would have died of shock and heamorrhage as a result of injuries to the vital organs like lung, the liver and other vital organs. P W 20 continued the investigation and examined P Ws 5, 6, 9, 10 and others on 9-9-82. He went to the office where the accused was working and seized Ex. P-8 the Muster- roll and also examined P W 8 Gang Mazdoor Maistry. On 12-9-1982 he arrested A-1 the appellant, took him to V Town Police Station and he took his foot-prints on Exs. P-26 to P-31. A-1 was produced before the Magistrate. On 14-9-1982 on the requisition given by P W 20 P W 17 the V Addl. Judicial First Class Magistrate, Vijayawada held an identification parade on 20-9-1982 and P Ws. 1 to 3 participated and P Ws.1 and 2 identified A-1. Meanwhile A-2 was arrested and on 1-10-1982 an identification parade was held for A-2 and all the P Ws. 1 to 3 identified A-2.

(3.) P W 11 the Scientific Assistant of the Mobile Forensic Science Laboratory at Vijayawada inspected the scene of occurrence along with PW 12 a photographer, on the day of occurrence, viz., 7-9 1982 and got one photograph of a left foot print found in the blood at the scene of occurrence: The photograph of the crime foot-print Ex. R-18 along with its negative and the specimen foot prints of A-1 Exs. P-26 to P-31 were sent to PW 16 the Assistant Director, Forensic Science Laboratory He compared both of them and gave his opinion Ex. P-33 stating that the test foot-prints tally with the crime footprint. After completion of the investigation, the charge sheet was laid on 16-11-1982.