DUVASI RAMULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal arising from the judgment of the learned Additional Sessions Judge, Ranga Reddy District, in S.C. No. 161/1991, dated 8-7-1993, convicting the appellant under Section 302 of Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) The prosecution case is that the accused is the eldest son of the victims viz., Maisaiah and Chennamma while P.W.1 is their third son and Pochiah is second son and Shankariah and Jangiah are younger sons. The accused and Pochiah were already married and they were living separately. PWs.1 and 2 younger brothers of P.W.1 were living with their parents (victims) jointly. The accused has been demanding partition of the lands ever since the date of his marriage, but the deceased was reluctant as three of his younger sons were yet to be married. There were disputes in that connection. That is said to be the motive for the accused to administer poison in the today bottles on, 15-1-1990, which happened to be Sankranti festival day. The accused had been to the house of his parents in the evening carrying two bottles of poisoned today and made his father and mother to consume the same and they became unconscious within 5 or 10 minutes, P.W.1 informed the same to one Gandiah, his paternal uncle, and while the victims were being shifted to Government Hospital, Nedunur in a double bullock cart, they breathed their last. Then the dead bodies were brought back to the village. On 16-1-1990 at about 2 p.m. Durvasi Gandhiah, elder brother of deceased Maisaiah, lodged a report with the police alleging that the accused has been demanding partition of lands; that the deceased Maisaiah refused to divide the properties on the ground that younger sons were yet to be married and that thereupon the accused had stated that he would kill the deceased and thus, he made Maisaiah and Chennamma to drink poisoned, toddy on 15-1-1990 and that they died on account of poisoning. A case in crime Nos. 4 and 5 of 1990 under Section 302 of Indian Penal Code has been registered by P.W.9, Sub-Inspector of Police, Maheswaram Police Station.

(3.) P.W.10 took up the investigation and conducted a panchanama of scene of offence Ex. P9 and seized the toddy bottles containing turbid liquor and also a plastic tin and held inquest over the dead bodies of the deceased in the presence of P.W.8 and others and P.W.7 conducted the post mortem examination on 17-1-1990. After receiving reports from Forensic Science Laboratory as to the contents of viscera of the deceased, P.W.7 issued post mortem reports Exs. P6 and P7 to the effect that the death of Maisaiah and Chennamma was on account of Organo Phosphorus poisoning and that alcohol was found. P.W.11 Inspector of Police, Pahadi Sharief, completed the investigation and filed the charge-sheet in the Court of Judicial Magistrate of First Class, Ibranimpatan.