LAWS(APH)-1975-6-11

DOMISETTI SUBBANNA Vs. STATE OF ANDHRA PRADESH

Decided On June 23, 1975
DOMISETTI SUBBANNA Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This appeal is by the sole accused in Sessions Case No. 83 of 1973 on the file of the Sessions Division, Cuddapah against his conviction under section 302, Indian Penal Code, and sentence of mprisonment for life. The deceased in the case is one Balisetti Pullayya of Sarveyappalle Kothapalle village in Prodduturu taluk of Cuddapah District. The accused also is a resident of the same village.

(2.) The case of the prosecution is The accused was now and then being employed by the deceased for cooly work. The deceased was obliging the accused sometimes by supplying him grains in advance whenever the accused was in need and adjusting the advance towards the subse. quent wages of the accused. On 28th May, 1973 the accused approached the deceased at about 10 A.M. and requested him to advance him a measure of sojja. The deceased gave a currency note of Rs.10 to the accused and asked him to bring change for the same. The accused went to the arrack shop of P.W. 9 and exchanged the ten rupees note for two currency notes of Rs. 5 each. As one of the two notes was soiled, the deceased gave it to the accused and asked him to get a good one. The accused thereupon went with the soiled note to the shop of P.W. 1 and requested him for a good note P.W.9. did not have another five rupee note with him. He had only two currency notes of Re. 1 each. The accused gave the soiled note to P.W. 9 and consumed arrack costing Rs. 3. Taking the balance of Rs.2 from P.W. 9 he went away to his house. As the accused did not return even by 4 P.M. the deceased went to the house of the accused and called him to his (deceased's) house. On enquiry by the deceased about the exchange of the soiled five rupee note, the accused stated that he spent Rs. 3 and that he was having only Rs. 2 with him Receiving the amount of Rs. 2. the deceased detained the accused in his house saying that he would not release him unless the balance amount of Rs. 3 was paid. While the accused was thus detained at the house of the deceased, P.W. 10 and two others interested in the accused came to the place and paid to the deceased the required amount of Rs. 3. The accused was thereupon released by the deceased.

(3.) On the next day i.e., on 26th August, 1975, the deceased left his house at about 10 A. M. for Mydukur to get oil-cake. He took with him some ghee in an aluminiam cup (M.O.2) for presentation to his doctor (P.W.8). He had also taken with him the bag (M.O.1) for the oil-cake and the head of an axe (M.O.3) for getting its blade sharpened. Reaching Mydukur at about 11 A.M. he met his doctor (P.W. 8) and gave him the ghee contained in M.O.2. Later by about 12 noon he went to a blacksmith (P.W.7.) and got M.O.3 sharpened. By about 2 P.M. the deceased went to the shop of P.W. 8 for purchasing oilcake. The clerk of P.W.1, (P.W.2) was also in the shop at that time. The deceased requested P.W. 1 to give him 5 Kgs. of groundnut oil-cake on credit promising to pay the amount the next day. P.W.1 instructed his clerk (P.W.2) to supply the cake to the deceased. P.W.2 weighed the cake and gave the same to the deceased who collected the cake into his bag (M.O.1). When the deceased bent down to pick up the bag of oil-cake, the accused suddenly came there and stabbed the deceased with a dagger (M.O.4) on the back. Soon after stabbing , the accused removed the dagger and ran along the Cuddapah-Nandyal road towards Nandyal. The deceased chased the accused raising cries for a short distance but eollapsed after crossing the traffic point near the shop of Kota Ellalu. P.Ws.1 and 2 rushed to the place where the deceased fell down. The deceased was gasping for breath. One G.Subbarayudu (P.W.3) who has his house close to the traffic point and who saw the accused running away with a dagger in his hand, rushed to the deceased. Finding the deceased gasping for breath, he brought water and gave the same to the deceased. After drinking some water, the deceased died.