BATTU NANDAM ANANDAM Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is filed by the sole appellant (sic accused) against the judgment in Sessions Case No.841 of 1993 on the file of the Sessions Judge, Karimnagar, convicting the appellant-accused under Section 302 I.P.C. for causing the death of parasa Laxmaiah on the intervening night of 19/20th April 1993 and sentencing him to undergo imprisonment for life. The appellant was also convicted under Section 307 I.P.C. for causing injuries to Parsha Anjaneyulu and Parsha Devaiah (P.W.2) and P.W.5 with a knife, and sentenced him to undergo three years R.I. on each count. The sentence of imprisonment on variouscounts was ordered to run concurrently and itwas also ordered that the period of detention shall be set off under Section 408, Crl.P.C.

(2.) The necessary facts are that Parsha Padma P.W.1 and the accused are residents of Lingannapet village. The husband of P.W.1 was residing in Dubai and her elder son was also living in Soudhi Arabia. P.W.1 was living with her two sons, Parsha Anjaneyulu and Parsha Devaiah (P.W.2). The deceased Parsha Laxmaiah is the elder brother of Beeraiah, husband of P. W.1. He was also living in the house of P.W.1. On the intervening night of 19/20-4-1993 P.Ws.5 and 6, who are neighbours of P.W.1, also slept in the house of P.W.1. At about midnight, someone tried to open the main door by lifting the latch of the door through the gap of the door by inserting a knife. Stones were also thrown into the house of P.W.1 by some unknown persons. P.W.1 abused the unknown persons who were throwing the stones but there was no response. There was tapping on the front door in the compound wall. P.W.3 the brother-in-law of P.W.1 opened the door and went out. P.W.1 woke up her two sons and asked them to go out as P.W.3 was alone going out to find out the persons who tapped the door. Her sons Anjaneyulu and Devaiah and P.Ws.5 and 6 came on the road through another door. They also searched for the culprits, but they could not find anyone. So they came back to the house. A short time later P.W.6 wanted to go back to her house through the door-way in the rear side of the compound. She opened the door and stepped out and suddenly pulled herself back stating that somebody was standing just by the side of the door.Then all of them came out into the Bazar. Immediately, the deceased Laxmaiah picked up a stick and came out. Anjaneyulu, P.W.2 and P.W.5 followed him but they did not find anybody. They proceeded towards the public urinals near the house of one Rajaiah. There were saloons of barbers near the urinals. They found the accused corning towards them. The accused was proceeding behind the saloons of the barbers. Then they cried out that tine accused was going away. Laxmaiah, the deceased ran towards the accused and tried to catch him. Then the accused ran towards Lakshmaiah. He stabbed the deceased on the right side of his abdomen and on the right hip. Then the deceased cried out that he was being stabbed. P.W.2 dealt a blow with a stick on the head of the accused. Then the accused stabbed on the right side of the chest of P.W.2 and also on the back. When Anjaiah went to the rescue of his brother P.W.2., the accused stabbed on the right side of the abdomen of Anjaiah. When P.W.5 ran towards them protesting the stabbing, the accused stabbed him on his right hip and then the accused went away. P.W.1 got a report drafted by Bhoomaiah, clerk of the Panchayat P.W.2 went to the house of Kishan Rao, patel of the village, and secured a jeep. Kishan Rao took all of them to the police station, Ghambhiraopet, P.W.13, Head Constable of Gambhiraopet received the report Ex.P-1. He registered it as Crime No.18 of 1993 under Section 324 I.P.C. He sent the injured to Sircilla Hospital and issued Ex.P-13 F.I.R. P.W.10, the Medical Officer, Government Hospital, Sircilla, examined all the four injured. On 20-4-1993 at 6-30 a.m. he examined the deceased and found four external injuries and he referred him to the Headquarters Hospital, Karimnagar, for better treatment. Ex.P-5 is the xerox copy of the M.L.C. register maintained by him. He also examined Parsha Anjaneyulu at 6-45 a.m. and found two injuries. Ex.P-6 is the xerox copy of the M.L.C. Register maintained by him. He referred him to the Headquarters Hospital, Karimnagar, for expert's treatment. He also examined Parsha Devaiah at 7 a.m. and found-two external injuries. He issued Ex.P-7 certificate. He also examined P.W.5 at 7-10 a.m. and found one injury. He treated him as an in-paHent till 26-4-1993 when he absconded from the hospital. He issued Ex.P-8 certificate. On 20-4-1993 at 4-00 p.m. the accused was produced before the Civil Assistant Surgeon in Government Hospital at Sircilla. He examined the accused and found 2 lacerated wounds, one on the right frontal region and the other on left occipital region, 1 contusion and an abrasion. He opined that the injuries could have been caused with a blunt weapon. He issued Ex.P-11 certificate. Ex.P-12 is the extract of M.L.C. register duly certified by him. The accused was discharged on 25-4-1993 at his request. On 22-4-1993 on the requisition of P.W.14 Inspector of Police, Sircilla, to conduct post-mortem over the dead body, P.W.4 Civil Assistant Surgeon in Government Headquarters hospital, Karimnagar, conducted the Post-mortem and issued Ex.P-3 postmortem report. On 21-4-1993 at 10-00 p.m. P.W.13 received information through wire-less set from Karimnagar, that the injured Lakshmaiah died. Then he altered the section to that of 302 I.P.C. and sent the altered Memo. Ex.P-14 to J.F.C. M.Sircilla.

(3.) On 22-4-1993 P.W.14, Inspector of Police Sircilla, conducted further investigation. He visited the hospital and held inquest over the dead body of the deceased in the presence of P.W.9 and another on 22-4-1993. Ex.P-4 is the inquest report. He arrested the accused on 5-6-1993 at Lingampet village at 8-00 a.m. and recorded his confessions statement in the presence of P.W.11 and another. In pursuance of the confessional statement, M.O.4 knife was recovered by the Investigating Officer.