BONTHU ARJUNA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) appellant was tried for offences under Section 302 and 307, I.P.C. in Sessions Case No. 396 of 1993 by the Second Additional Sessions Judge. East Godavari, Rajahmundry and by the impugned judgment dated 27-1-1995, found guilty and accordingly convicted and sentenced to life imprisonment and a fine of Rs. 100.00, or in default S.I., for two months, for the offence under Section 302, I.P.C., and further to undergo R.I. for 10 years and a fine of Rs. 100.00, or in default S.I. for two months, for the offence under Section 307, I.P.C., both sentences to run concurrently. Being aggrieved, he has filed the present Criminal Appeal.

(2.) According to the prosecution, the deceased Arti Vishnu was earlier having illicit relations with the accused appellant. Later on she deserted him and developed intimacy with Pasupuleti Nageswara Rao (P.W. 1) and, therefore, the appellant was unhappy with both of them. P.W. 1 was the watchman of one Maddala Venkatachalam for watching his fields. On 8-5-1993 at about 9.00 p.m., when P.W. 1 was going to the fields of Venkatachalam along with the deceased, the accused came from behind and started making indiscriminate criminal assault by means of a curved knife on the deceased by saying "You bitch, going with that ruffian, (i.e., P.W. 1)". When P.W. 1 tried to intervene, the accused made an attempt at his life by inflicting knife injuries on his right shoulder, above his lips and on his right thumb. The accused then ran away from the spot. P.W. 1 found that Arti Vishnu was dead and, therefore, he ran back to his house at Termarda, informed P.W. 2 about the incident, who in turn informed others and then lodged the report with Peddapuram Police Station on the same night at about 12-30 a.m., which was alleged to have been recorded by P.W. 11, the Assistant Sub-Inspector of Police, which is marked as Ex. P. 1. It was sent to Jaggampet Police Station from Peddapuram Police Station, as that Police Station was found to have had territorial jurisdiction for investigating the offences. P.W. 1 was sent to the hospital, where he was examined by P.W. 8 on 9-5-1993 at 1.00 a.m. Ex. P-16 is the Wound Certificate issued by P.W. 8. Post-mortem of the dead body was also conducted by P.W. 8 and Ex. P-17 is the post-mortem report. On the basis of Ex. P-1, received at about 6.00 a.m. on 9-5-1993 in Police Station House, Jaggampet, P.W. 12, the Sub-Inspector of Police, Jaggampet registered Crime No. 43 of 1993, investigated the crime and filed the charge-sheet. The accused was, thereafter, tried for the said offences. He denied the guilt, but was found guilty and accordingly convicted and sentenced as aforesaid. Hence this Criminal Appeal.

(3.) The case of the prosecution was based on the evidence of the alleged eye-witness P.W. 1 and on the recovery of a knife in pursuance of a statement made by the accused under Section 27 of the Evidence Act. That knife was found to contain blood stains of the same blood group as were found on the clothes of the deceased.