GOVINDU Vs. STATE

JUDGEMENT

(1.) THIS appeal arises from the judgment on the Additional Sessions Judge, Hyderabad in Sessions cage No. 2/65 convicting the appellant under Section 302 I. P. C. and sentencing him to imprisonment for His for the murder at one Mualiah on the night of 1-12-1964.

(2.) THE brief facts of the case of the prosecution are these: P. W. 7 a middle aged woman was living as the miatreas of the deceased Mualiah for about 18 jeara in Vijayawada Town. The accused got acquainted with P. W. 7 the mistress of the deceased as he was having a book shop next door to the laundry of the deceased. The accused who happens to be a married man with six children came down to Hyderabad about two years prior to the occurrence and started book binding business in the city. His coming over to Hyderabad made no difference so far as his relationship with P. W. 7 is concerned. At his request, the deceased and his mistress (P. W. 7) came over to Hyderabad as the accused promised the deceased to find a suitable job for him in Hyderabad City. About 5 days prior to the occurrence the deceased at the instance of accused made a peculiar proposal to his mistress, P. W. 7 the unnatural feature of which was that the deceased should release P. W. 7 from her sexual obligations to him in order that the accused may marry her (P. W. 7) and in compensation, the accused should arrange another woman for the deceased. This proposal was not palatable to P. W. 7 and she therefore suggested that she and the deceased may get back to Vijayawada. At about 6 p. m. on 1-12-1964 the accused came to the deceased's house and later they both left the house and proceeded towards the maidan in Ohandiayangutta. It was about 9-80 p. m. when P. W. 1 and employee in the Sarfekhas heard some one shouting in the maidan 'ohasti'. 'chasti' and when he proceeded towards the place from where the cries emanated; he saw the accused attacking the deceased with a knife. On seeing P. W. I, the accused ran away. The deceased was badly injured and was bleeding profusely. P. W. 1 then led the injured person towards the hotel of P. W. 2 which was nearby and when he was questioned by P. W. 2, he told him that he was stabbed by Govindu (accused ). Then he was removed by P. W. 1 to the Ohatrinaka Police Station nearby in a rickshaw, and there the Head Constable recorded a statement from the deceased person (Ex. P-2) to his narration. The Head Constable after registering the case took the injured to the Oamania General Hospital. He was examined by P. W. 5, Casualty Madioal Officer and admitted in the Male Surgical Ward. On a requisition from the police, P. W. 4, the Second City Magistrate came and recorded a statement from the injured person (deceased) as to the cause of the injuries. Hewaalsi operated that night by the Deputy Medical Officer working under the Surgeon P. W. 8, but in spite of the best available treatment given to him the injured succumbed to his injuries in the early hours of 3-12-1934.

(3.) THE accused himself appeared in the police station at about 10-40 p. m. on the night of occurrence and gave a report. Ex. P. 16. He was arrested the same night at a a. m. (on 2-12. 1964) and at 6 a. m. he made a statement leading to the recovery of his blood stained clothes (M. Os. 8 and 9) and a knife (M. O.- 5 ). Autopsy was conducted on the corpse of the deceased on 3-12-1964 -by the Assistant Professor of Forensic Medicine attained to the Oamania General Hospital who opined that the deceased died due to shook as a result of the injuries found on him.