MOHAMMAD AZEEZUDDIN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused is the appellant. He was convicted of the offence under S. 302 IPC and was sentenced to undergo imprisonment for life on an indictment of committing patricide on 27/01/1981 at 10 p.m. in his house. The prosecution case is as followed. The accused, the second son of the deceased, of Kangal village of Nalgonda District, had left for Bombay years past. Preceding the date of occurrence, at about Ramzaan time, the accused came back and was staying with his father. On 28/01/1981 on the morning P.W. 3 a boy who was passing-by, heard the groaning of the deceased. P.W. 3 opened the front gate, peeped in and found the deceased crying "Allah, Allah", lying on the cot in the front verandah. He went in and accosted the deceased. The deceased told him that the accused had stabbed him and went away and requested P.W. 3 to arrange to take him to the hospital at Nalgonda. P.W. 3 went out and saw P.W. 1 standing nearby waiting for a lorry to go to Nalgonda. He informed P.W. 1 of what he had seen of the deceased. Immediately, P.W. 1 came to the deceased and made enquiries. The deceased informed him that the accused stabbed him and went away, P.W. 1 and other took the deceased to the hospital at Nalgonda in a lorry. He was admitted in the hospital P.W. 13, the doctor admitted the deceased at 9.45 a.m. He found two stab injuries on his body. Since the deceased was in a serious condition he intimated P.W. 8, the Munsif Magistrate to come and record the declaration of the deceased P.W. 8 came at about 10.50 a.m. and recorded the statement Ex. P. 9, between 10.50 and 11.10 a.m. He also obtained the signature and thumb impression of the deceased on Ex. P. 9. The doctors were not available and the staff nurse attending on the deceased refused to certify about the fitness of the mind of the deceased P.W. 8 made an endorsement on Ex. P. 9 to that effect.

(2.) After the admission of the deceased in the hospital, P.W. 1 went to the rural Police Station, Nalgonda and reported the matter. P.W. 15, the Head Constable registered the crime under S. 207 of IPC and issued the F.I.R., Ex. P13. Thereafter P.W. 16 S.I., took over investigation. P.W. 16 went to the scene of offence, seized the bloodstained earth, etc., under a Panchanama, Ex. P. 14. He went to the hospital and examined P.Ws. 1, 3, 4, 9 and 11 and P.Ws. 5, 10 and 12 on 28-1-1981.

(3.) P.W. 14, the doctor, performed an operation on the deceased between 11.15 a.m. and 2 a.m. on 29-1-1981. But, however, on the next day the deceased died at about 8.10 a.m. Then the doctor sent the death intimation to P.W. 16, P.W. 16, on receipt of it, altered the F.I.R. and issued the altered F.I.R. Ex. P15. He went to the hospital and held inquest. Ex. P5 is the inquest report, P.W. 2, the doctor, conducted the autopsy and issued post-mortem certificate, Ex. P3 on 13-7-1981, the accused was arrested. He made a confessional statement and the admissible portion is in Ex. P6. In the pursuance thereof, M.O. 1, the knife, was seized (and Ex. P7 is the panchanama) from the house of the accused.