PAGOTI SANYASI RAO Vs. STATE

JUDGEMENT

(1.) Referred Trial No. 22 of 1965 and Criminal Appeal No. 5 of 1966 arise out of the judgment and order of the Sessions Judge, Srikakulam dated 6th December, 1965 made in S.C. No. 37 of 1965, whereby the appellant P.Sanyasi Rao, hereinafter called the accused, has been found guilty under sections 302 and 392 read with 397, Indian Penal Code and sentenced to death subject to confirmation. The prosecution alleged that the deceased Kanakamma and the accused were residents of the same village, viz., Chilluvaripeta having the houses more or less in the . same vicinity. The deceased and her husband had taken P.W. 3 in adoption at the time when they had no children. Later one son and three daughters were born to them, the son being P.W. 4 Baswaraju. After the birth of the children, P.W. 3 was given some property and sent out.The three daughters were married in due course and they were residing with their husband while Kanakamma, the deceased was living with P.W. 4 till about five years back. Later she was given a room for residential purposes and a sum of Rs. 3,000 in cash and some gold ornaments as part of the family property by way of maintenance. The room in which the deceased was living is adjacent to the houses of P.Ws. 3 and 4. Only a wall separating the house of P.W. 4 and that of the deceased. The main entrances to all the houses face to the northern direction. The portion in occupation of the deceased consisted of one room and one 'Vasara' (back room) on the southern side. The room had no windows and the southern side had double doors one over the other. The deceased had deposited her cash with her son-in-law and was managing to live on the interest she was getting thereon. She was, however, supplementing her income by selling sundry articles like cigars, bidies, tea packets and other edibles while her sons were having their separate Kirana shops at some distance from their houses. It is stated that when P.Ws. 3 and 4 returned after closing their shop between 2 and 8 P.M., on 2nd May, 1965, they saw their mother sleeping on a cot in front of the house. The next day on 3rd May, 1965, P.W. 1 was asked byher mother to get ' Vadiyala Jangidi' from the deceased. Accordingly P.W. 1 who is a grandson of the deceased and is aged about 18 years, went to her room and found that though the lower portion of the door was closed, the under door was slightly open. He opened the upper door and looked in to see his grandmother lying dead in a pool of blood. Horror stricken he rushed to his uncle, P.W. 4 who was in his shop and told him of the incident. P.W. 2 also, who was in the coffee hotel, over-heard the news and came up to P.W. 4. P.W. 4 asked him to bring the village munsif, P.W. 25 from Lingalavalasa, which is at some distance from the said village. He accordingly went away to fetch the village Munsiff while P.Ws. 3 and 4 proceeded to the room which the deceased was occupying. Meanwhile many others collected on hearing the news. At about 8 A.M., P.W. 2 returned with the V.M. and reached the scene of offence. The body of the deceased was lying on the southern side of the room. It was resting on the front side, the head being towards the southern door way and next to the northern door. The head was cut from the back side and was connected loosely with the trunk by the skin in front of the neck. The right hand was cut into two pieces and left hand into one piece. P.W. 4 the son gave a statement which was recorded by the village Munsiff under Exhibit P-1. On that basis Grime reports were prepared and sent to the Police and the Magistrate concerned while a village servant was made to keep watch overtherlead body till the arrival of the Police.The Sub-Inspector ofPolice,Kotabom- mali received the report at 7 P.M. on 3rd May, 1965 and after registering the crime and sending express reports reached the scene of offence at 1 A.M. on 4th May, 1965. An inquest was held and the dead body was sent for post-mortem examination to the concerned Medical Officer.

(2.) Meanwhile the Inspector of Police, P.W. 28, reached Ghellavanipeta at 8 A.M. and verified the investigation made by P.W. 29. He noticed a blood-stained foot print on the floor in the room where the dead body was found and carefully lifted it for the purpose of comparison. Some gold ornaments, such as Kasulu Peru, (bracelet, necklace, etc.) belonging to the deceased were found missing and, therefore, the conclusion was that it was a murder for gain. However, till 4th June, 1966, i.e., for more than a month there was no trace of any offender. P.W. 30 succeeded P.W. 28 as Circle Inspector of Police, Tikkali, on 19th June, 1965 and took up investigation of the case on 5th July, 1965. He arrested the accused on 8th July, 1965 and at his instance recovered some gold ingots under Exhibit P-5, from P Ws. 9 and 10 to whom they had been sold by the accused. The stolen ornaments viz- (neckband) two pieces of Nanu were brought into the shape of ingots with the assistance of P.Ws. 6 and 8. P.W. 8 gave the two copper rods of 'murugulu' i.e. bracelets which had been left behind by the accused. This was recovered under Exhibit P-3, dated 8th July, 1965. Subsequently i.e., a day later the Police along with the accused, village karnam and other; proceeded to Chellavanipeta and at his instance recovered a big knife, M.O. 4 from P.W. 5, a washerman which the accused was alleged to have taken for the purpose of cutting branches of trees. M O. 4 was seized under a mahazar, Exhibit P-29. At about 9 A.M. ,.on the same day, the accused took them to the Government well and pointed to the nearby cesr pool wherein he had thrown the stones and screw of the Nanu and on search, M.Os. 3 and 18, i.e., a small piece of red stone and screw were recovered therefrom and seized under a mahazar, Exhibit P-31. Further a wrist watch said to have been given by the accused for repairs to P.W. 1 was recovered to indicate that the accused had come in possession of surplus money for incurring the expenditure. P.W=. 11, 12 and 14 to 17 were examined to establish that the accused had redeemed a pledge and purchased cloth for getting some garments stitched for himself and also settled some old debts out of the ill-gotten money. On 9th July, 1965 the accused was sent for judicial remand to the Judicial Second Glass Magistrate, Narasannpeta and a requisition was issued to the Judicial Second Class Magistrate, Srikakulam, P.W. 21, requesting him to record the confessional statement of the accused. The accused was accordingly produced before the Magistrate on 13th July, 1965 with some delay as initially the place where the accused was confined was not mentioned in the requisition. The Magistrate recorded the confessional statement of the accused on 14th October, 1965 after giving him the necessary warning and time f or deliberation. Exhibit P-10 is the statement.

(3.) The foot-print of the accused was sent to the Footprint Expert, Hyderabad under Exhibit P-37, dated 17th July, 1965 along with the foot impression that had been lifted from the scene of offence. P.W. 27 compared the footprints and gave the opinion Exhibit P-42 that there were similarities in general shape, size and alignment of the toes and other features, and that the foot-prints might be of the same person. On this record, a charge-sheet was laid against the accused on 23rd July, 1965 and on the same day the gold necklace, Kasula Peru, M.O. 2 was discovered in a dealwood box in the room of the deceased which was being cleaned for performing shanti. This information was conveyed to the Police and it was duly seized under a mediator's report, Exhibit P-33 dated 24th July, 1965. As many as 30 witnesses were examined on behalf of prosecution to substantiate the charge. The accused pleaded not guilty and stated that the confession recorded by the Magistrate was a result of coercion on the part of the Police. The learned Sessions Judge, as stated above found him guilty under both the charges levelled against him, viz-, sections 302, Indian Penal Code, and section 302 read with 397, Indian Penal Code, and sentenced him to death under section 302, Indian Penal Code, awarding no separate sentence for the 2nd charge.