VAKATI LAVAKISHORE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal arises from the judgment in S.C. No. 104/1993 on the file of Ist Additional Sessions Judge, Nellore, dated 15-3-1995, convicting both the appellants under S. 302 read with S. 34 of Indian Penal Code and sentencing them to imprisonment for life.

(2.) The facts giving rise to this appeal in brief are that appellant No. 2 (Vakati Penchaliah), is the father of appellant No. 1 (Vakati Lavakishore), P.W.2 (Vakati Gopi Krishna) and the deceased (Vakati Madhusudhana Rao). P.W1 (Vakati Lakshmi Kamakshi) is the wife of the deceased. Some disputes arose between the deceased and his brothers as well as the father regarding partition of properties. That led to the filing of a partition suit OS. No. 33/1988 on the file of Subordinate Judge, Nellore by the deceased. The deceased took a house on rent in Karanala Street, Nellore town, and started living there along with his wife (P.W.1) and he was running Madhu Fancy Shop. P.W.2 was residing in the down stair portion of house bearing No. 22/215, which is a joint property, and the deceased was keeping some of his articles in the upstair portion of that house. Both the appellants were residing in another joint family house bearing No. 22-223. As the deceased was not in a position to bear the rent of his house, he requested P.W.2 to allow him to stay in the upstair portion of the house bearing No. 22/215, but P.W.2 did not agree. That led to an altercation between the deceased and P.W.2 and both of them lodged complaints in One Town Police Station, Nellore. This happened on the afternoon of 19-11-1992. On the same day at 8 p.m. appellant No. 1 went to the shop of the deceased and told him that appellant No. 2 called him. Thereupon the deceased and his wife (P.W.1) went to the house of the appellants. The appellants asked the deceased to withdraw the partition suit, but he did not agree. Then the appellants threatened that they would kill the deceased. Appellant No. 1 brought a tin of kerosene from the house and doused the deceased in kerosene and then appellant No. 2 lit a match stick and set the deceased on flames. The deceased and P.W.1 ran to Pedda Bazar crying loudly. P.W.3 (Vakati Ramakrishna), a cousin of the deceased, brought a blanket and covered the body of the deceased and put off the flames. Then P.W.2 and P.W.4 (Ch. Ramakrishna Reddy) shifted him to Government Hospital, Nellore. P.W.7 (Dr. B. Rajeswari) sent intimation to the police and IV Additional Judicial Magistrate of First Class, Nellore (P.W.6), who proceeded to the hospital at about 9-15 p.m. and recorded the dying declaration of the deceased from 9-15 p.m. to 9-40 p.m. The deceased got discharged from the Govt. Hospital against the medical advice at about 9-45 p.m. and got himself admitted in a private Nursing Home by name Jayabharat Hospital, Nellore. H.C. 1180 (P.W.9) visited the Government Hospital, but he did not find the deceased and thereupon he obtained a copy of the dying declaration from P.W.6 and recorded the statement of the deceased at Jayabharat Hospital, Nellore, and handed over the same to Sub-Inspector of Police, I Town Police Station, Nellore (P.W.13), who registered a case in Crime No. 185/1992 under S. 307 read with S. 34 of IPC. He visited the scene of offence and prepared a rough sketch of the scene in the presence of PW. 5 (Kanamarlapudi Koteswara Rao) and another. In the meantime the deceased was shifted to Kilpak Medical College Hospital, Madras, for better treatment. He was admitted there on 20-11-1992, but he succumbed to the burns on 24-11-1992. On receipt of death intimation, P.W.13 altered the section of law to S. 302 read with S. 34 of IPC and proceeded to Madras. He held inquest over the dead body in the presence of P.W.11 (Shaik Ibrahim) and two others and one Doctor A. N. Shanmugham conducted autopsy over the dead body and opined that the deceased would appear to have died due to complications of burn injuries.

(3.) The charge sheet was filed against both the appellants under S. 302 read with S. 34 of IPC in the Court of II Additional Judicial Magistrate of First Class, Nellore, and the same was registered as PRC. No. 8/1993. As the case is exclusively triable by the Court of Session, the Magistrate committed the same to the Court of Session, Nellore, where it is registered as Sessions Case No. 104/1993. The learned I Additional Sessions Judge, Nellore, framed a charge under S. 302 of IPC against both the accused, who pleaded not guilty and claimed to be tried. The prosecution examined P.Ws.1 to 13 in support of its case and got Exs. P1 to P18 and P18(a) marked. Thereafter the appellants have been examined under S. 313 of CPC and all the incriminating pieces of evidence emerging from the testimony of P.Ws.1 to 13 and other documents have been put to them, but they denied the same. Appellant No. 1 further stated that he went to his place of work Ayyappa Sanitaryware Shop at 3 p.m. on that day and he remained there till 9.30 p.m. writing accounts and while he was returning to his house, he was informed by somebody that the deceased burnt himself and he was admitted in the hospital, and his parents, on enquiry, told him that they do not know anything. Appellant No. 2 stated that Nagara Sankeerthana Party of Satya Sai started from the house in the early hours on 19-11-1992 i.e., at 4.30 p.m. and that he went to Satya Sai Sadan to attend Bhajan at about 5.45 p.m. and he was there till 7.30 p.m. and while he was returning to his house, he was informed by somebody that the deceased burnt himself and he was taken to the hospital. Thus, they pleaded alibi and they examined D.Ws.1 to 6 in support of that plea and got Exs. D1 and D2 marked.