KOTHAMASU RAMAKOTESWARA RAO Vs. STATE

JUDGEMENT

(1.) The appellant is the accused in Sessions Case No. 87 of 1983 on the file of the II Addl. Sessions Judge, Guntur who convicted him under S. 302 I.P.C. and sentenced him to undergo imprisonment for life. The accused was tried for an offence punishable; under S. 302 I.P.C. for causing the death of Mannem Krishna Murthy (who will hereinafter be referred to as the "deceased"). As a result of the injury caused to the deceased by the accused at 6.30 p.m. on 20-12-1982 he died on 25-12-1982 in the Government General Hospital, Guntur. The case of the prosecution in brief is as follows :

(2.) P.W. 1 and the deceased originally belong to Gurazala. Since two years prior to the date of incident, they were residing at Vinukonda. P.W. 1 was doing commission business in paddy while the deceased was doing clerical work in auditing the books of some business people. The deceased was also one of the nine partners in the amusing park at Vinukonda. The accused who belongs to Kallagunta, near Macherala was also residing at Vinukonda prior to date of occurrence. At about 4.00 p.m. on 20-12-1982 P.W. 1 was going to Bazar from his house. On his way to the Officers club, P.W. 1 saw the accused. The accused asked him as to where is his brother (deceased). He told him that he might have gone on his business. Then the accused invited him for coffee. P.W. 1 and the accused were going for coffee near Aruna talkies at Vinukonda. They said that the deceased was coming. Then the deceased called the accused and questioned him as to why he said something scandalous against his kept mistress to one Nagabhushanam of Narasaraopet. While so saying, the deceased slapped the accused. Then the accused asked the deceased that they should better go to Narasaraopet and verify from Nagabhushanam and if the allegation was proved, the deceased could take appropriate action against him. At that time, P.W. 2 Yakkala Anjaneyulu was also present. Then, the accused, the deceased and P.Ws. 1 and 2 proceeded to Narasaraopet to verify from the said Nagabhushanam. They all came to Bus stand at Vinukonda and got into the R.T.C. Bus at Vinukonda and got down at Narasaraopet R.T.C. bus stop at about 6.15 p.m. They were all going towards the town. Then the deceased uttered that he would take action against the accused if the allegation is proved through, Nagabhushanam, P.W. 4. Then immediately the accused picked up a knife from pocket of his pant and stabbed the deceased on his left abdomen and ran away towards R.T.C. bus stand having thrown the knife somewhere. P.W. 1 and P.W. 2 chased the accused and caught hold of him brought the accused to the spot where the deceased was lying with injuries. They found bleeding from the injury of the deceased. P.W. 1 and P.W. 3 took the accused to town police station, Narasaraopet and handed over the accused to the Police. P.W. 2 took the deceased and admitted him in a Nursing home. The S.I. of Police, Narasaraopet town, recorded the statement of P.W. 1 which is Ex. P. 1. and registered the case as Crime No. 269 of 1982 under S. 307 I.P.C. and prepared printed FIR Ex. P. 12. Subsequently, he examined P.Ws. 1 and 2 and recorded their statements. He kept the accused under surveillance and proceeded to Government General Hospital, Narasaraopet. He did not find the deceased in that hospital and on his enquiry he came to know that he was admitted in a private Nursing home run by P.W. 8 Dr. D. Venkateswara Rao. P.W. 8 found the clothes of the deceased stained with blood and also a stab injury on his left abdomen. He questioned the injured as to how he sustained the injury. He told him that he was stabbed by the accused Koteswara Rao while he was coming from the bus stand, Narasaraopet. He also asked P.W. 3 as to why the injured received injury. P.W. 3 also told him that the accused stabbed the deceased while they were coming into the town from Narasaraopet, R.T.C. bus stand. P.W. 8 rendered first aid to the patient as the injured was weak and gave glucose and also Streptochrome injection and even then the bleeding was not controlled. As he was afraid that the patient would collapse he advised P.W. 3 to take the injured to Government General Hospital. Accordingly the injured was taken by P.W. 8 to Government General Hospital, Narasaraopet. P.W. 12, a Civil Asstt. Surgeon, Government Hospital, Narasaraopet, received a requisition from P.W. 11, S. 1. of Police, Narasaraopet Town and examined the injured at 8.45 p.m. On Examination, he found "Stab wound 3/4" x 1/4" spindle shape on left sub-coastal region at mid axillary line. Oblique in direction bleeding present from the wound". He found the injured conscious but he was etting into shock. He rendered first aid to the patient to improve his condition and referred him to the Government General Hospital, Guntur for expert treatment.

(3.) P.W. 13 the Civil Asst. Surgeon, Government General Hospital, Guntur saw the injured on 20-12-82 at 11.55 p.m. and found the injured under the influence of shock due to injury which he received but he was conscious and responding to the calls. Though P.W. 13 felt that the patient should be operated, he did not do so immediately as his condition was not fit for the operation. He gave intravenous fluids on the same night. On the next day as the condition of the patent was little improved at 7.50 a.m. on 21-12-1982 P.W. 13 operated the patient.