MANCHALA BALAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present appeal is filed while challenging the judgment dated 21.12.2010 passed in Sessions Case No.464 of 2007 by II Additional District and Sessions Judge (FTC), Mahabubnagar, whereby, the appellant is found guilty for the offence under Section 302 IPC and accordingly convicted under Section 235(2) Cr.P.C. and sentenced to suffer imprisonment for life and also to pay a fine of Rs.500/- (Rupees Five hundred only), in default, to suffer simple imprisonment for a period of three months. Benefit of Section 428 Cr.P.C. is given to the appellant.

(2.) Brief facts of the case are that on 29.11.2006 at 18.40 hours, the Station House Officer/Assistant Sub-Inspector of Police, Nagarkurnool had received information from Duty Doctor, Government Area Hospital, Nagarkurnool, whereby, he was informed that one Masaiah, aged about 70 years was forcibly administered poison by some one and was admitted in hospital for treatment. Immediately, the same facts were entered in the General Diary. Later, he visited the said hospital along with P.C.1482 and enquired with the casualty ward Duty Doctor about the patients status. He came to know that the patient was conscious and in a fit state of mind, upon which, the ASI recorded the dying declaration of the injured. The injured stated in his dying declaration that he was having only one son. On 29.11.2006, he went to his fields with his bulls to graze. While he was so grazing the cattle at fields, his villager Mala Balaiah (the appellant herein) came to him and attributed that he was practicing sorcery against the family members of appellant, owing to which, they had suffered. The appellant had threatened to kill him if he did not sip the poison. The appellant brought the poisonous pills with him and forcibly administered into the mouth of the deceased. Villagers shifted him to Government Area hospital, Nagarkurnool and admitted him for treatment. The Station House Officer read over the statement to him, who found it to be correct. Thereafter, obtained his thumb impression. The Duty Doctor certified the condition of the victim/patient. As the victim died during the course of investigation, PW- 12 altered the Section of Law from 307 to 302 IPC and sent the express memo to all concerned. On 30.11.2006, PW-14, Circle Inspector of Police, Nagarkurnool took up the investigation from PW-12, verified the investigation done by PW-12 and found it to be on proper lines. During the course of investigation, PW-12 recorded the statements of PWs.5 to 9 under Section 161(3) Cr.P.C. PW-14 sent the crime incriminating material i.e. Item No.1/viscera and Item No.2/glass bottle to the Forensic Science Laboratory through a letter of advice. The medical officer/PW-13 Dr.M.Narahari conducted autopsy over the dead body and preserved viscera for chemical analysis. Basing on the FSL report, PW-13 has opined that the cause of death was due to organophosphate, an insecticide poison.

(3.) Case of the prosecution is that on 29.11.2006, in afternoon, the deceased had gone to the fields to graze his bulls. While so, according to the pre-plan and pre-determination, the appellant went to the fields of deceased with M.O.1/bottle containing poisonous granules mixed with water and while the deceased was grazing his cattle in the fields at about 2 p.m., the appellant went to him and alleged that the deceased was practicing sorcery against him and forcibly administered poison into the mouth of the deceased, and due to that, the deceased swallowed some quantity of poison. After administering the poison, the appellant had left the scene of offence by throwing the glass bottle into the nearby bushes. Later, the deceased went into the village and informed the incident to the villagers i.e. PWs.3 to 8 and others. Then, villagers shifted the deceased to hospital in the auto of PW-9 on the same day at 6.40 p.m. PW- 12/Assistant Sub-Inspector of Police, Nagarkurnool Police Station received information from the Duty Medical Officer, Government Area Hospital, Nagarkurnool about admitting the deceased in the hospital. Accordingly, PW-12 visited the hospital and recorded the statement of deceased and on the basis of it, at first instance, a case was registered against the appellant in Crime No.161/2006 under Section 307 IPC. On the same day at about 11 p.m., PW-12/Assistant Sub-Inspector of Police received intimation that the deceased had died at 9.45 p.m. while undergoing treatment at the hospital mentioned above. On the basis of such information, PW-12 altered the Section of law from 307 to 302 IPC and issued express memos to all concerned. On 30.11.2006, PW- 14/Inspector of Police took up investigation, examined the witnesses and visited the Government Area hospital, Nagarkurnool; conducted inquest over the dead body of deceased in the presence of mediators and sent the dead body to postmortem examination. During the course of further investigation, PW-14/Inspector of Police visited the village; recorded the statements of villagers and on the same day at 10.10 p.m., PW-14 apprehended the appellant at Grampanchayat office, Bondalapally village; during interrogation, the appellant said to have confessed the offence in the presence of mediators and led the Police to the fields and shown the place where he administered poison to the deceased and also the place where he threw the glass bottle containing some granules. The Police seized the said glass bottle containing some quantity of granule poison from the bushes. The Medical Officer, who conducted the autopsy over the dead body of the deceased, preserved the viscera of the deceased, and then, the glass bottle containing suspected poison was sent to the Forensic Science Laboratory along with the viscera, for chemical examination. After examination of viscera contents preserved by the Medical Officer during the course of autopsy and the granules in the glass bottle seized by PW-14, the Forensic Science Laboratory, Hyderabad gave a finding that both were containing the same element, namely, organophosphate, an insecticide poison. After completion of investigation, Police filed charge sheet against the appellant for the offence punishable under Section 302 IPC. Thereafter, charge framed against the appellant was readover to him and explained. However, the appellant pleaded not guilty and claimed to be tried.