BOYA MARENNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal by the accused who have been convicted under sections 302 and 302 read with sections 34, Indian Penal Code and have been awarded imprisonment for life against the judgment of the Additional Sessions Judge, Kurnool given on 21st May, 1964. The necessary facts are that A-2 is the paternal uncle of A-1. Both of them are residents of Narnur Village, 8 miles away from Kurnool town. A-1's sister and the deceased's sister were married to brothers in Kottala Village. The deceased Budanna also belongs to Narnur Village. On 8th December, 1963, it is alleged that the deceased went to the house of A-1 and finding his wife alone in the house tried to molest her. Later in the evening the same day, when A-1 and his uncle, A-2, came home from the fields, they were informed about it. The accused upon wanted to kill the deceased and began to search for him. At about 8 P.M., when the deceased was in the Coffee Hotel of Gokari Sab (P.W. 1) at the outskirts of the village, Narnur, along with some others to take tea, A-1 armed with a dagger and A-2 with a stick entered the Hotel abusing the deceased for having tried to molest A-1's wife. A-2 beat the deceased on his head with the stick as well as on his right hand. A-1 stabbed him on his left chest. The deceased holding his stab injury with his palm ran towards the bridge. The accused chased him. The accused, however, did not pursue their chase and returned. The deceased went about 200 yards from the Hotel and sat on the bridge. He, however, fell down from the bridge and was lying in a slushy field. P.W. 6, who is the sister of the deceased, coming to know about the incident and the fact that the deceased was lying in the paddy field near the bridge went there along with her another brother (P.W. 5) and some others. They found the deceased lying in the paddy field of Gurumurthy below the bridge. They brought him to the road where the deceased told P.W. 5, P.W. 6 and others that when he was sitting in P.W. 1's Hotel, A-1 and A-2 came there, beat and stabbed him and that he ran to that bridge and when he was sitting on it he became dazed and fell into the field. The deceased was then removed to the village chavadi.

(2.) The Village Munsif came there. He recorded the statement of the deceased and obtained his thumb impression upon the said statement. The deceased thereafter was taken to the Government Hospital by P.W. 5. and others. He was admitted in the Hospital by P.W. 9. He was then admitted into Surgical Ward No. 1. P.W. 11, who is another Doctor, carried on some operation. The deceased, however, died at 10-25 A.M. on gth December, 1963. An inquest was held the same day by P.W. 17 between 12-45 P.M. and 2 P.M. Exhibit P-23 is the inquest report. P.W. 21, the Sub-Inspector received the report at 12-30 A.M. on 9th December, 1963. He thereupon started to the scene of occurrence. He reached there at 4 A.M. He examined P.Ws. 1,3, 5 and others and thereafter went to Kuruool. He changed the F.I.R. which was earlier issued under section 325 to section 302, Indian Penal Code. The Circle Inspector (P.W. 22) verified the investigation. P.W. 12 conducted the autopsy on 9th December, 1963. Exhibit P-12 is the post-mortem certificate. Since the accused were absconding, charge-sheet was filed after the conclusion of the investigation on 3rd January, 1964. The accused surrendered before the Court on nth January, 1964. The accused denied the offence and pleaded not guilty. The prosecution examined in all 22 witnesses and produced several documents. Upon this material, the learned Sessions Judge found both the accused guilty as stated supra, under sections 302 and 302 read with section 34, Indian Penal Code and both the accused were sentenced each to undergo imprisonment for life.

(3.) The entire case depends upon the eye witnesses who are P.Ws. 1 to 4, the dying declaration recorded by P.W. 13 (Exhibit P-13), and the oral dying declaration alleged to have been made by the deceased before P.Ws. 5 and 6. P.W. 1, who is the proprietor of the Coffee Hotel, stated in his evidence that he was sitting at the entrance of his Hoal on the day of the occurrence near beedies almirah (illegible) selling coffee and tiffin. Ibrahim (P.W. 2) Dada Sab (P.W. 3) Krishnamurthy (P.W. 4), Somanna not examined), Buddanna, the deceased, and Tirupati Rao were present in his Hotel. While his son was supplying tea to them, A-1 and A-2 came there armed with a dagger and Pattudu Katte respectively. A-2 abused the deceased and said "Enthapani Chesinavuru " and lifted the stick. The deceased got up and went forward. A-2 beat him on his head and caused bleeding injury. A-2 again gave another blow on the deceased's right hand. A-1 stabbed the deceased in his chest on the left side with the dagger and removed it. The deceased held his chest wound and began to run towards east. The accused chased him. He further said that there were blood-stains on the slabs in the Hotel. The witness therefore directed his son to clean the bloodstains by water. He produced an account book of his hotel, Exhibit P-1. In the cross-examination he admitted that prior to his starting the Hotel business, he was doing the business of cutting the carcase, and that he closes his Hotel usually between 8 and 9 P.M. He however stated that there was no exchange of words between the deceased and the accused and that the deceased was a strong man. He also stated that A-2 and the deceased did not come to grips nor the deceased fell down A-1. The deceased did not speak nor cried nor shouted. The persons present also did not move nor intervene nor say anything. He further deposed that some of his sons also were there. Even when the victim and the assailants had run away, he admitted that they did not come out and see as to where they were going. According to him, he asked his son to clean the blood which had fallen on the slabs. In the centre of the Hotel there were blood-stains he stated, and that his son cleaned it with water and broomstick. He admitted that he did not report this incident to the Village Munsif nor to the people of the deceased. He admitted further that there was no blood in front of his Hotel or on the steps or on the pials when the Sub-Inspector came. He further deposed that there are two factions in the Village, one headed by Chintareddy, who is the President of the Panchayat and the other headed by Venkatareddi. He denied the suggestion that he was giving evidence at the instigation of Chintareddy. He was not in a position to say as to who visited his Hotel earlier that day.