BADNAYINA BHEEMANNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a case of murder by none other than the full blood brother of the deceased. This Appeal arises from the judgment of the learned Sessions Judge, Visakhapatnam in Sessions Case No.47 of 1994 dated 22-9-1994 convicting the appellant under section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life.

(2.) The case of the prosecution in brief is that the appellant is eldest among four brother; P.W. 4, B. Chinnayya, the deceased Bodanna and Saddu being other brothers. They have partitioned their joint family property except the jack fruit orchard and tamarind garden. The appellant was enjoying the usufruct of the above garden by denying the share of the other brothers. In that connection, panchayat was held in the presence of P.W. 1, A.Ramakrishnarao and some others. The appellant was not willing to give share to the other brothers inspite of the verdict given by the panchayatdars. While so, on 18-8-1993 at about 6 p.m., there was an altercation between the appellant and the deceased and after exchanging words over the partition of garden lands, the appellant stabbed the deceased with 'Surakathi' several times in the abdomen which resulted in the intestines coming out. The incident was witnessed by P.W. 2, B. Kamala who is widow of the deceased in this case. The deceased succumbed to the above injuries. Thereafter, the appellant went inside his house, which is nearby, and told P.W. 3, B. Mutta, his wife that he became angry and killed the deceased. The appellant was holding blood stained 'Surakathi' in his hand at that time. Thereafter, P.W. 2 went to their caste elder by name Naidu and informed him about the incident. Naidu in turn visited the scene of occurrence and saw the dead body and then, he sent for P.W. 5, Somala Kondappa and asked him to inform the Upa-sarpanch of Ananthagiri. Thereupon, S. Kondappa went to P.W. 1, Upa-Sarpanch and informed him about the incident. P.W. 1 in turn visited the scene of occurrence on the following day and after seeing the dead body, he prepared the complaint Ex. P.1 and lodged the same at Police Station, Ananthagiri where P.W. 9, Head Constable registered the case in Crime No. 29 of 1993 under section 302 of the Indian Penal Code and issued F.I.R. to all concerned. P.W. 10, the Circle Inspector of Police took up the investigation on receipt of F.I.R. He proceeded to the scene of occurrence on the same day i.e. 19-8-1993 and examined the scene of occurrence in the presence of mediators and held inquest over the dead body. He also got the scene of occurrence photographed and prepared Ex. P. 7, rough sketch. The dead body was sent to Srungavarapukota for post-mortem examination. P.W. 7, Dr. V. Bhaghavanulu, Civil Assistant Surgeon, Community Hospital, Srungavarapukota conducted autopsy over the dead body and found as many as six stab injuries and one linear abrasion over the dead-body and opined that the deceased died due to asphysia due to injury to plural cavity and collection of blood into pericardial cavity P.W. 10 arrested the appellant at the latter's house and interrogated him in the presence of panchayatdars viz., P.W. 6 and another and in consequence of the statement of the appellant, the blood stained 'Surakathi' was seized from his house under seizure report Ex. P. 4. M.O. 1 is 'Surakathi' which is said to have been used in the commission of the offence. The blood stained earth, control earth and blood stained clothes of the deceased as well as M.O. 1 'Surakathi' were sent to Forensic Science Laboratory for chemical examination and it is reported that M.O. 1 as well as the other objects contained human blood.

(3.) After completing the investigation, a charge sheet has been filed against the appellant for an offence under section 302 of the Indian Penal Code in the Court of Mandal Executive Magistrate, Ananthagiri and the same was registered as P.R.C.No.2 of 1993. The learned Magistrate perused the record and found that the case is exclusively triable by the Court of Session and hence, he committed the same to the Court of Session, Visakhapatnam. Thus, it came to be registered as S.C.No.47 of 1994. A charge under section 302 of the Indian Penal Code has been framed against the appellant and he pleaded not guilty to the said charge. During the trial, the prosecution has examined 10 witnesses.