BHURA KHARIA Vs. STATE OF A P

JUDGEMENT

(1.) This is a story of a youth who ran amok all of a sudden and went on a killing spree. The appellant Bhura Kharia belongs to Kodesara Village in Chatra District, Jharkand State. He studied upto B.A. During the month of October, 2001, he appeared for Railway Recruitment Board Examination in Chennai. While returning he got down at Vijayawada and on his way to Visakhapatnam got down at Rajahmundry, made his appearance on 16-10-2001 at 12.30 p.m., on the bund of Godavari near Kumari Talkies where he created panic. He suddenly snatched away a traditional bamboo knife-M. O. 1 from the hands of one Akula Rambabu who was making bamboo ladder and hacked him to death. From there he proceeded ahead, attacked another person by name Dasari Narayana Rao and hacked him to death with the same knife. He did not stop there, attacked everybody who came on his way and in the process caused either simple or grievous injuries to the following persons : <FRM>JUDGEMENT_792_ALD(CRI)1_2007Html1.htm</FRM>

(2.) Thus, the accused killed two persons and caused injuries from simple to grievous to nine persons. Public caught hold of him and beat him. They telephoned to the police. P. Ws.1 and 2 who are eye-witnesses rushed to the police station where their statements were recorded by the Head Constable, Rajahmundry II-Town Police Station-P.W.20. P. W.21 Sub-Inspector of Police rushed to the place, found the accused in bleeding injuries and took him to hospital for medical treatment. After returning back to the police station, he registered the two statements recorded by P.W.20 as a case and issued F.I.R. P. W.22, the Inspector of Police, Rajahmundry Town investigated into the case. P. Ws. 18, 19 and 23 are the doctors who examined the injured and issued wound certificates. P. W. I8 examined P. Ws.8, 9 and 10. P.W. 19 examined P. Ws. 6, 7, P. W. 11 and Vemulapudi Sanyasi Rao (not examined before Court). P. W.23 examined P. W. 12 and Dungala Kumar (not examined before Court). P. Ws. 16 and 17 are the doctors who conducted post-mortem examination over the dead bodies of Akula Rambabu and Dasari Narayana Rao respectively. All the medical witnesses opined that the injuries would have been caused with M.O. 1-knife which was seized by the Inspector P.W.22 at the 12th scene of offence. As to the accused attacking the two deceased and nine others there is the evidence of the eye-witnesses P.Ws. 1 to 5 and that of the injured P.Ws.6 to 12. P. W. 13 is the wife of Akula Rambabu, deceased No. 1, while P.W. 14 is the wife of Dasari Narayana Rao, deceased No.2. P. W. 15 is the V.A.O. of Rajahmundry who was present at the time of preparation of the observation report and inquest reports and attested them.

(3.) On behalf of the defence, the Medical Officer, Government Headquarters Hospital, Rajahmundry was examined as D.W. 1. Two contradictions in the statements of P. Ws. 14 and 11 recorded under Section 161 Cr.P.C. were marked as Exs.D.1 and D.2. The medical certificate issued by P.W. 19, on examining the accused, was marked as Exs.D.3 and a true extract of the register maintained by the Medical Officer, Central Prison, Rajahmundry as Ex.D.4.