MEKALA RAMA RAO Vs. STATE

JUDGEMENT

(1.) This referred trial and appeal arises out of the judgment of the Additional sessions Judge, Srikakulam convicting the accused Rama Rao (A-1) under section 302, Indian Penal Code under two counts and sentencing him to death subject to confirmation by this Court. Before the trial Court, there were two other accused (A-2) and '(A-3) along with this appellant (A-1) facing a charge under section 302 read with section 34 or section 109, Indian Penal Code. A-1 the appellant before us, faced two charges under section 302, Indian Penal Code one for causing the death of Nalitham'Gangayya (deceased 1) and the other for causing the death of Rajana Audayya (deceased 2).

(2.) The occurrence was at about n P.M. 30th November, 1965, in the Harijanpeta of Krishnapuram village near Amudalavalasa. According to the witnesses present P.Ws. 1 to 5 at the time of the occurrence, there was illicit intimacy between A-3's second wife, Savitri and A-1, and she used to visit A-1 during nights at his lodge in Harijanpeta. There were disputes in the locality among the residents ever since A-3's second wife who incidentally happens to be his wife's sister came to reside with him. Somet'me prior to the occurence, Gangayya (D-1) advised A-2, father of A-1 that it was high time that he got his son married, but this advice was resented by A-2. P.W. 1, the wife of the first deceased, her daughter (P.W. 2), her son-in-law (P.W. 3) her eleven year old SOP (P.W. 5) and P.W. 4 a nine year old boy, son of (P.W. 9) went to cinema house and Were returning home at about 10 P.M. When they heard the shouts of A-3 and Gangayya (D-i), near the house and they all rushed to see what it was about. They saw the first deceased on one s:de and A-2 and A-3 on the other altercating and A-2 telling the first deceased that he has always been casting aspersions by concreting stories against married women. This accusation made the first deceased to assert that what he stated, was not false and that it was an open secret. Immediately thereafter they started pushing each other and got ready to fight. It is at this stage that A-1 armed with a knife (M.O. 3) rushed from his lodge and aimed at D-1. P.W.1, the wife of D-1. in order to avert the impending danger to her husband pulled him (D-1) aside With the result that the attack of A-1 fell on the head of A-2, his own father. Then, Gangayya (D-1) releasing himself from the grip of his wife advanced towards the accused. A-2 and A-3 caught hold of D-1's hands while A-1 gave him a fatal stab on his neck resulting in his death shortly thereafter. After Gangayya (D-1) dropped down, Audayya, the second deceased abused A-1 for the ghastly dead committed by him. A-1 then stabbed Audayya (,D-2) for having come on the scene. On receipt of the injury, D-2 shouted to his brother (P.W. 3), "I am killed " and P.W. 3 held his brother to take him to the hospital, but he died before they could walk less than 100 yards. A-2 who received the injuries in the course of the same transaction gave a report at 11-15 P.M. to the Head Constable (P.W. 14) who was then on duty at Amudalavalasa Police Station. The Head Constable on the strength of Exhibit P-20 registered a case and sent A-2 with a requisition to the local hospital for examination and treatment. He then went to the scene of occurence by 00-20 A.M., and saw the dead body of Gar.gayya (D-1), lying as the scene of occurence and P.Ws. 1 and 2 by its side, and recorded the statement (Exhibit P-1) of P.W. I. He went further up and found the dead body of Audayya (D-2). On the strength of Exhibit P-1 he registered a case under section 302, Indian Penal Code, against A-1, A-2 and A-3 and sent express F.I. Rs. to the concerned superiors. The further investigation in the case was made by P.W. 19, the Sub-Inspector of Police. Autopsy on the dead body of Gangayya (D-1) was conducted by P.W. 6, an Assistant Surgeon attached to the Government Hospital, Srikakulam. He found an external stab injury 11/4 x x 2" edges clear cut and the corners sharp and gaping. The injury was directed oblquely doWnwards and towards the right side of the neck.

(3.) On dissection, the Medical Officer found the right carotid artery and the right internal jugular vein were cut. In his opinion, the death was due to haemorrhage on account of the injury cutting the carotid artery and internal jugular vein, and the deceased would have died within a few minutes after the receipt of the injury and a sharp double-edged Weapon s'milar to M.O. 3 could have caused the injury. P.W. II the Assistant District Medical Officer, Government Hospital, Srikakulam conducted the post mortam examination on Audayya (D-2) ?.nd found a stab injury 11/4 long, wide and 3 "deep in the middle with clean cut margins and with sharp ends at the extremities. The injury was on the left side of the neck above the middle of the left collar borne directing downwards and inwards cutting the subclavian vessels, pleura and left lung, and the left lung had on incised injury of about X . In the opinion of P.W. II, death was due to shock and haemorrhage on account of the injury and it could have been caused by a sharp instrument similar to M.O. 3. In his opinion, the deceased could have survived for about 10 or 15 minutes ard if supported he could have walked also.