IRALA PALLE RAMIAH Vs. STATE

JUDGEMENT

(1.) THE three accused, appellants herein, were put up for trial for the murder of one Golla Peddabba alias Venkatesu Mandadi, that accurred on the night of 8th May 1955 before the Sessions Judge, Chittoor. The 1st accused was charged with the murder directly while the other two under Section 302 wad with Section 109 I. P. C. The Sessions Judge found them guilty as charged and sentenced the 1st accused to death and the other two to transportation for life.

(2.) THE prosecution case, shortly stated is this:

(3.) THE deceased Peddabba was living in the village of Kanipakapatnam with his old. mother Mangamma, P. W. 12 and his wife P. W. 9. , The three accused belong to the same village accused 1 and 3 being of Vannia caste while the 2nd accused is a washerman, The 1st accused became intimate with P. W. 9 and met her frequently. P. W. 9 did not care for the advice and remonstrances of her mother-in-law, P. W. 12. When Peddabba came to know of it, he chastised and beat her but this did not have the desired effect. Occasionally, the 1st accused would interfere in this domestic issue and sometimes even assaulted Peddabba for daring to beat his mistress. He bore grudge against the deceased for his efforts to prevent his wife from continuing her intimacy with him. On the night of the occurrence, the 1st accused and P. W. 9 were found talking near the latter's house. P. W. 12 abused P. W, 9 and even beat her whereupon the 1st accused hit P. W, 12 on the head with a stick Which caused a bleeding injury. The injured Mangamma started crying which attracted the deceased to the scene. When questioned, the 1st accused did not give any satisfactory reply. Thereupon, Peddabba went to his house and fetched P. W. 1. When P. W. 1 called for an explanation from the 1st accused for hip behaviour, the latter slapped him and asked him to mind his business. Thereafter, the deceased and P. W. 1 started to the house of the Village Munsiff to lodge a complaint. On the way, P. W. 1 wanted to go home and feed his cattle. Hardly had p. W. 1 gone a few paces when the 1st accused assaulted Peddabba and they both grappled catching each other's tuft. The 3rd accused also joined the 1st accused in his attack on Peddabba. When the 1st accused and the deceased were fisting each other, one Narasireddy. P. W. 13 intervened and separated them and asked them to report the matter to the Village Munsiff. At the time of the scuffle, P. Ws. 4 and 5 were also present. By then P. W, 1 returned to the spot, Meanwhile, the 1st and the 3rd accused went to the house of the Village Munsiff and complained to him that P. W. 1 and his relations beat them. The Village Munsiff sent them away saying that he would enquire the next morning. A few minutes later, the deceased, P. WE. 1, 4 and 5 also went to the Village Munsiff and acquainted him with what had happened. The Village Munsiff promised to look into the matter the next morning and asked them to go home. He also sent P. W. 2 as an escort, and they were proceeding to their houses, the deceased going ahead and the others behind, While they were passing through Rampamvari Street. P. W. 14 who was sitting on a pial accosted P. Ws. 1. 4 and 5 and asked them what the matter was. They were telling him of the assault made by the accused on P. W. 1. Just then, they heard the cries of Peddabba "ammo, Ammo, I am being cut. " Immediately, they rushed forward to see the 2nd and the 3rd accused holding the deceased, the 2nd accused by Peddabba's right arm and the 3rd accused by his left arm. The 1st accused cut on the right side of the neck with the bill-hook. Peddabba the injured man slumped to a side. The 1st accused continued to hack on various parts of the body of the deceased. The 2nd and 3rd accused then ran away from the place. Even there after, the 1st accused gave him some more cuts. P. Ws. 1, 4 and 5 could not approach the 1st accused as he threatened to mete out the same fate to them also with the bill-hook. By then, p. W. 2 came to the spot, disarmed the 1st accused, took him into custody and produced him before the Village Munsiff along with the bill-hook. The Village Munsiff detained the 1st accused and then proceeded to the scene of offence. There, after acquainting himself with the particulars of the at-tack, he took P. W. 1 to his house where he recorded the statement, Ex. 1. The contents of this document would be set out in extenso having regard to the part It plays in this enquiry: On the night of 8-5-1955 at about 8 O'clock there was a great hubbub next to the wall of Rama Mandadi in Rampamvandla street in Patnam Village. I, Dasu Mandadi alias Venkatesu Mandadi, son of Munirathnam Mandadi, Mangamma, mother of Peddabba and other people of the village went to the place of hubbub (to find out what it was about ). There Muniswami, son of Chakala Narasigadu and Gangadu (?), son of Poojari Dharamayya, these two persons were holding my mother's younger Sister's son, Venkatesu Mandadi alias Peddabba and Irala Palle Varadsyya's son Ramudu, who was armed with a bill hook was hacking Peddabba. I went hoard and saw, Peddabba Mandadi sustained two injuries on the right side of neck caused by hacking with the bill-hook. There is an injury on the front of chin extending up to the throat. The right hand is completely cut above the wrist and is hanging Thoti Ramudu who was there snatched the bill-hook from the accused Ramudu and caught hold of Ramudu. Ramudu is alleged to be keeping Peddabha's wife and there has been prior enmity on this account. I am producing the said Ramudu and the blood-stained billhook before you. The above facts are read out to me. They are correct. It is seen that this document sets cut the main features of the prosecution case. On the basis of this, the Village Munsiff prepared reports, despatched them to the police and the Magistrate at Chittoor, Having regard to the argument that is founded on the recitals of these two reports, Exs. P. 13 and P. 13 (a), it is useful to notice the contents of these documents: I report as follows: It is alleged that on the night of 8-5-1955 at about 8 O' clock there was a hubbub next to the house wall of Rama Mandadi in Rampamvandla street in Patnara village. Muni Mandadi, son of Ponnedupalla Bhakta Mandadi, Dasu Mandadi alias Venkatesu Mandadi, Mangamma, mother of Peddabha, Venkatesu Mandadi, son of Muniratha Manriadi and other people of the village went to the place of hubbub. The accused, Palle Ramudu who was armed with a bill-hook is apprehended, Peddabha had fallen down with bleeding injuries. The accused and the bill-hook are produced before me. They complained to me, I recorded the complaint, read out the same and obtained thumb mark to it, I am enclosing to this report a copy of the complaint and sending to you the accused, the bill-hook and the injured Peddabha Signature of. . . sending report (Signed) K. Raghavendra Reddy, 8-5-1955. P W. 2 carried these reports and delivered them at the police station at 11-30 p. m. The Village Munsiff after sending the reports Went back to the place of offence and sent the deceased to the hospital at Chittoor in a cart P. Ws. 4 and 5 accompanying the victim. In the hospital, P. W. G the Assistant Surgeon in charge thereof saw the injured and rendered him first aid. Seeing his condition grave, he sent a requisition to P, W. 11, who came there at about 3 p. m. and recorded the dying declaration, Ex. P-3, which is in following words: In the evening, yesterday at about meal time, Chakala Munisamigadu held me, Poopari Govindadu son of Dharmadu also held me, Irala Ramudu, son of Varadu (?), dealt me with a bill-hook underneath my chin, neck and right hand Wrist and left shoulder and thereby caused bleeding injuries, Chakala Munisami and Gandadu fisted me on my head and back, Ramudu is keeping my wife which I came to know three months back. I questioned my wife only and never asked Ramudu about this affair. There is enmity between myself and Ramudu and the two others Chakala Munisamigadu and Gandadu and this incident is the outcome of the enmity. Taken down by me, read over to the complainant, translated in Telugu and admitted by him to be correct at 3 a. m. on 9-5-1955 in the presence of the Assistant District Medical Officer, Government Headquarters Hospital Chittoor. Peddabha succumbed to the injuries at 3-35 P. M. on the 9th The Sub Inspector reached the place before 3 P. M. and examined P. Ws. 1, 2, 4, 5, 7, 9 and 17. The next morning i. e. , on the 10th he proceeded to the village and conducted an inquest between 8 and 11 A M. After the inquest the body was sent for post mortem examination, and the doctor, P. W. 10, held the autopsy at about 1 P. M. He found as many as six injuries on the body. In his opinion, death was the result of shock and haemorrhage. The same doctor examined A-l On 9-5-1. 955 at 10-30 p. m. and noted three abrasions on him which according to him would have been caused in a scuffle with a person. After the completion of the investigation, a charge sheet was filed against the three accused on 22-5-1955.