K KRISHNAMURTHY Vs. STATE

JUDGEMENT

(1.) THE appellant was charged that on 10th July, 1954, he committed an offence punishable under Section 302, Indian Penal Code, by causing the death of one Balipaka Gangadu, and at the same time and place and in the course of the same transaction robbed the aforesaid Gangadu, and thereby committed an offence punishable under Section 392, Indian Penal Code. The Sessions Judge found him guilty of both the offences and sentenced him to transportation for life under Section 302, Indian Penal Code, and to undergo rigorous imprisonment for one year under Section 392, Indian Penal Code, both the sentences to run concurrently.

(2.) THE case for the prosecution may be briefly stated. The deceased, a Harijan, had some hides for sale. On 10th July, 1954, P. W. 1 wanted to buy one for making a bucket for bailing out water from the well. The deceased offered to sell it for Rs. 14. P. W. 1 accepted the price and asked the deceased to take it to his house the next morning. When, next day, the deceased went to the house of P. W. 1 with the hide, P. W. 1 wanted it for Rs. 13. This price the deceased was not willing to accept, and was going back with the hide. Thereupon, the appellant, who happened to come there, inquired what the matter was and on knowing the details he went and brought back the deceased with the hide and settled the price of the hide at Rs. 13-12-0. The bargain was accepted by both the parties and the deceased was paid Rs. 13-12-0. The deceased, with this money, proceeded towards his house accompanied by the appellant. On the way, the appellant cut the deceased with a bill-hook and robbed him of Rs. 13-12-0 which the latter had with him at that time. Out of this sum, the appellant spent half anna in purchasing beedis. The deceased walked home with bleeding injuries, and on being questioned told P. W. s. 5, 6 and some others that he was cut by the appellant. Thereupon P. Ws. 6, 7 and some others went to P. W. l's village and returned by about 3 or 3-30 p. m. . with P. W. 1 and the appellant. By that time the deceased lost consciousness. 'while he was being taken to the Village Munsif of Reddipalli, he died near the railway gate, P. W. 11 then went to the Village Munsif and gave a complaint Exhibit P-10 at about 5 o'clock in the evening wherein the prosecution case has been put forward. The Village Munsif despatched reports based on Exhibit P-10 to the Police at Pullampet which reached them at about 10 p. m. On receipt of this P. W. 13, who was then in charge of the station proceeded to the spot and saw the dead body under a tree and kept a watch over the body. The Circle Inspector went there next morning and started the investigation. The appellant was arrested by the Inspector of Police immediately after the inquest. The appellant then made a statement which led to the recovery of Rs. 13-11-6, 4 beedis and blood-stained cloth from his house. The autopsy held on the body of Gangadu disclosed 8 injuries. According to the doctor, the deceased died of shock and hoemorrhage as a result of these eight injuries. After the completion of the investigation, a charge-sheet was laid against the appellant for the two offences mentioned above.

(3.) THERE are no direct witnesses to the occurrence. The case for the prosecution rests mainly on the dying declaration made by the deceased implicating the accused to P. Ws. 5, 6, 10 and 11, on the circumstance that the deceased was found in the company of the appellant shortly before the commission of the offence, and lastly on the recovery of the bill-hook, the sum of Rs. 13-11-6 and blood-stained cloth from the house of the appellant.