MOKA SURYA RAO Vs. STATE

JUDGEMENT

(1.) This appeal arises from the Judgment of the Additional Sessions Judge, Rajahmundry in S.C. No. 35 of 1964 convicting and sentencing A-1 to A-5 (the five appellants) for rioting and convicting the first appellant (A-1) under the Principal charge under section 302 Indian Penal Code and sentencing him to imprisonment for life. A-1 to A-5 have also been convicted and sentenced for minor offences of hurt.

(2.) The case of the prosecution briefly stated is to the following effect : A-1 and A-2 are brothers and are the sons of one Tata Rao, the brother of the 5th accused, A-3 and A-4 are the sons of A-5 and they all live joinly in the village of Kunchanapalli. P.W. 8 Kotipalli Saraswathi of Kunchanapalli was married to a person in Amalapuram. Therefore, she wanted to sell her house and site in Kunchanapalli. The deceased Seelam Nadavapalli purchased the property belonging to P.W. 8, a day prior to the day of occurrence, the occurrence being on the evening of 18th July, 1964. The accused's house is separated by a fencing from the house and site of P.W. 8. The accused having come to know that the property was purchased by Seelam Nadavapalli (deceased) removed the fencing completely on the morning of 18th July, 1964. The deceased, his wife P.W. 1, her father, P.W. 2 and another went to the shop of P.W. 10 at his request as he offered to mediate and settle amicably the dispute between the accused and the deceased. P.W. 2 told him (P.W. 10) that they were ever prepared to part with the house and site purchased from P.W. 8 provided the Moka people (accused) were willing to pay the sale consideration and expenses paid to P.W. 8. After that, the deceased and P.Ws. 1, 2 and 3 were returning home. On the way, they saw the five accused (A-1 to A-5) standing in front of the house which the deceased purchased the previous day from P.W. 8. Seeing them A-5 asked P.W. 2 as to from where they were returning and P.W. 2 told the accused that they were returning after talking to the elders. The n A-1 to A-5 followed P.Ws. 1, 2, 3 and the deceased from behind. By the time they reached a place in front of one Somaraju's house, the accused surrounded them. A-1 was then aimed with a spear and the rest were armed with sticks A-1 stabbed Seelam Nadavapalli with a spear on his left abdomen and the other accused beat P.Ws. 2 and 3 with sticks.

(3.) Nadavapalli and P.Ws. 2 and 3 were later taken to Amalapuram and were admitted in the Government hospital. The Medical Officer immediately after admitting the deceased Nadavapalli, questioned him as to the cause of the injuries and he was told that he was stabbed with a spear by Moka Subbarao (A-5) etc. He sent the intimation of the injuries. Exhibit P-8, to the Sub Inspector of Police, Amalapuram and also a copy of it, Exhibit P-5, to the Judicial Second Glass Magistrate at Amalapuram. Since the Doctor also sent a requisition to the Magistrate P.W. 13, to record the dying declaration of Seelam Nadavapalli (deceased), he came to the hospital at about 01-30 A.M. on 19th July, 1964 and recorded Exhibit P-7 dying declaration of the deceased. He also recorded a statement Exhibit P-1 from P.W. 2 as he was also injured. It may be stated here that A-5 was brought to the hospital and admitted at 4-30 P.M. on 19th July, 1964 and when examined by P.W. 14, he noticed five injuries on his person. The deceased Nadavapalli underwent an operation for the injury, but succumbed to the injury at 2-40 P.M. on 22nd July, 1964. The intimation, of his death was sent to the Police and P.W. 21, the Head Constable of Mummidivaram police station altered the section of the crime in the F.I.R. to one under section 302 Indian Penal Code and sent express reports to the concerned superiors. Inquest was later held over the corpse of the deceased by the Head Constable. The Medical Officer, P.W. 14, conducted the autopsy and found two injuries on the body of the deceased. In his opinion, the second injury which was an incised wound over the lateral side of abdomen on left side caused the death of the deceased and the injury was sufficient in the ordinary course of nature to cause death. The Inspector of Police (P.W. 25) completed the inve tigation and P.W. 24, the Sub Inspector laid the charge-sheet against the five appellants in the Court of the Additional Judicial First Class Magistrate, Amalapuram. The Additional First Class Magistrate committed the accused to take their trial in the Court of Session, East Godavari at Rajahmundry. The learned Additional Sessions Judge accepted the dying declaration, Exhibit P-7, of the deceased recorded by P.W. 13, the Magistrate as true and voluntary and also believed the evidence of the eye-witnesses P.Ws. 1, 2 and 3 and convicted and sentenced the accused (A-1 to A-5) as stated above.