G NAGARAJA Vs. STATE

JUDGEMENT

(1.) The sole accused in Sessions Case No. 4/95 on the file of the 1st Additional Sessions Judge, Chittoor, preferred this appeal against the judgment and order dated 30-9-95 convicting and sentencing him to undergo R.I. for ten years and to pay a fine of Rs. 500/- for the offence punishable under Section 376, IPC and to life imprisonment and to pay a fine of Rs. 500/- for the offence punishable under Section 302, IPC.

(2.) The gravamen of the charges is that on 3-6-92 at about 1130 p.m. in the mango garden of P.W.1 (K. Krishna) near Konganapalle village within the limits of Ramakuppam Police Station, the accused raped Munemma (deceased) and murdered her by bearing with stones and torch light.

(3.) The prosecution case briefly stated is that P.W.3 (Sardar) has taken three mango gardens of P.W.I at Konganapalle village on lease in the year 1992. The deceased, aged about 50 years and a widow, and the accused, aged about 20 years were two of the six watchers employed by P.W.3 for the three mango gardens taken on lease. The deceased and the accused were deployed to watch a garden situated towards south-east. The two persons allotted to each garden for watching were doing their work according to their convenience. On 4-6-92, P.W.1 went to his mango garden at about 5.00 a.m. and having noticed none of the watchers, went around and saw the dead body of the deceased ata distance of 30 ft from the hut situated in the garden. He observed injuries on the dead body, which was improperly clothed, baring the chest and the body below waist. He returned home, told the same to the villagers, went to Ramakuppam Police Station at about 7.00 a.m. and gave Ex.P-1 complaint to P.W.10 (P.V. Ramana) Head Constable. P.W.10 on the said complaint registered a case in Cr.No. 28/92 under Sections 302 and 376, IPC and issued Ex.P-9 FIR and sent copies of the same to all concerned besides informing P.W.11 (A. Krishna Moorthy) Inspector of Police, Palamaner on V.H.F. set. P.W.10 went to the scene of offence by about 9.00 a.m. and examined P.W. 1. He posted guard at the scene of offence. P.W.I 1, who received information from P.W.10, went to the scene of offence by about 9.15 a.m. He verified the investigation made by P.W.10. He examined P.Ws. 1 to 5. Inquest was held over the dead body from 10.00 a.m. to 1.00 p.m. in the presence of mediators and Ex.P-8 is the inquest report. He prepared Ex.P-10 rough sketch of scene of offence. He seized M.Os. 1 to 11 besides six bangle pieces, torch light glass pieces and two blood stairied stones. After the inquest, the dead body was sent for post-mortem examination to P.W.7 (Dr. D. Sudarsanam), Civil Assistant Surgeon, Government Hospital, Kuppam, who, after autopsy, issued Ex.P-4 post-mortem certificate opining that the deceased would appear to have died of shock and hemorrhage due to multiple fractures. He preserved vaginal swab, washings public hair and nails of the victim. Ex.P-11 report from the Director of Forensic Laboratory revealed M.O.2 blue colour petticoat and M.O.I 1 lungi were stained with semen and spermatozoa and its origin and group could not be determined due to disintegration. On 24-6-92 at about 4.00 p.m. P.W.9 (K.R. Munirathnam), Village Administrative Officer of Konganapalli village gave Ex.P-6 complaint to P.W.11 at Palamaner. P.W.11 went to the house of C. Radha Krishna Reddy along with his staff and P.W.9 and found the accused talking to Radha Krishna Reddy in front of his house. He arrested the accused under Ex.P-7 mediators report. He examined Radha Krishna Reddy. He sent the accused to P.W.8 (Dr. N.J.F. Prasad) Civil Assistant Surgeon, Government Hospital, Kuppam for medical examination, who examined the accused and issued Ex.P-5 certificate. Thereafter, the accused was sent for judicial custody.