PUBLIC PROSECUTOR ANDHRA PRADESH HYDERABAD Vs. BANDE SIDDAIAH

JUDGEMENT

(1.) This appeal is preferred by the State against the acquittal of the respondent on a charge of murder. The learned Additional Sessions Judge, Cuddapah, acquitted the respondent of the offence punishable under section 302, Indian Penal Code, but convicted him under section 304, Indian Penal Code, and sentenced him to undergo rigorous imprisonment for two years.

(2.) The learned Public Prosecutor contends that the reasons given by the learned Sessions Judge for acquitting the respondent of the offence of section 302, Indian Penal Code, are contrary to law and the rulings of the Supreme Court.

(3.) To examine whether there is substance in the contention of the learned Public Prosecutor, it is necessary for us to mention the essential facts of the prosecution case. The deceased was stabbed by the accused on 3rd August, 1974 near the house of the deceased at Ooragayalagutta village, hamlet of Dudyala village, Rayachoti Taluk, Cuddapah District. The deceased has two daughters, Nagamma and P.W. 3 and also a son. P.W. 1 is the wife of the deceased. Eight years prior to the occurrence, Nagamma was given in marriage to P.W. 1's brother Chennaiah. Four years prior to the occurrence the accused eloped with Nagamma to some other village. The accused is no other than the brother of the husband of P.W. 3. Three months prior to occurrence, the accused and Nagamma returned to the village and they were living as wife and husband. The deceased and P.W. 1 did not like the accused and Nagamma living in the village. They, therefore, demanded the accused not to stay in the village but to live in some other village. Resenting the demand of the deceased, the accused threatened to kill them and would leave the village and till then he would stay in the village itself. On 3rd August, 1974, at 5 P.M., P.W. 3 and Nagamma the daughter of the deceased and P.W. 1 were quarrelling over a blouse at the house of the deceased. Just at that time, the deceased and his brother, P.W. 4, returned from their work. P.W. 1 came out of her hut. P.W. 5 another brother of the deceased, P.W. 6 the sister of the deceased were also present. The accused came there armed with sickle, M.O. 1 and attempted to attack the deceased. P.W. 2 (the husband of P.W. 3) and the deceased managed to snatch away M.O. 1 from the hands of the accused. In that scuffle the deceased received a simple injury on his right ear. Then, the accused ran towards his house and brought a goraka and stabbed the deceased with it below the abdomen. Even after the deceased was stabbed, the deceased caught hold of the tuft of the accused and both of them struggled for some time until the deceased collapsed. When the deceased fell down, the accused ran away leaving the goraka M.O. 2, there itself. P.Ws. 1 to 6 brought the deceased to his house and laid him on a cot. P.W. 7 went to the Sarpanch, P.W. 10, and informed him as to what had happened. The Sarpanch came to the deceased and asked him as to how he received the injuries. "The deceased stated to him that the accused stabbed him with M.O. 2. A shortwhile thereafter the deceased died. 'P.W. 8, a cousin of the deceased proceeded to the Village Munsif, P.W.11, who was residing at Dudyala which is one mile away from the village of the deceased. On the next morning, P.W. 11 came at about 7 A.M. to the deceased. P.W. 1 told P.W. 11 as to what had happened. At about 8-30 A.M., P.W. 11 recorded the statement of P.W. 1 which is Exhibit P-l and prepared copy of Exhibit P-1 and two printed reports, Exhibits P-ll and P-12. He sent Exhibit P-1 and Exhibit P-11 to the Police Tsundupalle and Exhibits P-10 and P-l2 to the Judicial Second Class Magistrate, Rayachoti through village servants. Tsundupalle police station is ten miles away from the village. P.W. 12 reached the police station at about 4-15 P.M. and handed over Exhibits P-1 and P-ll to the Sub-Inspector, P.W. 15. P.W. 15 recorded a statement from P.W. 12 as to why the delay was caused. He registered the case as Crime No. 51 of 1974 and issued express F.I.Rs. to the concerned and then he proceeded to the scene of offence. He reached the scene of offence at about 7 P.M. He held inquest and examined P.Ws. 1, 2 and 4 to 6 during the inquest and despatched the dead body to P.W. 13, the Civil Assistant Surgeon, Government Hospital, Rayachoti, for the post-mortem examination. P.W. 15 examined P.Ws. 3. 7, 8, 10 and 11 and two others after the inquest. He also seized M.Os. 1 and 2 and bloodstained clothes under a panchanama. P.W. 13, the Civil Assistant Surgeon, Government Hospital, Rayachoti conducted the autopsy at about 11 A.M. on 5th August, 1974 and found the following external injuries. "1. A lacerated wound 1/2" X 1/4" muscle deep just below the right ear-blood clots around the wound present. 2. A stab injury of f 3/4"X1/2"X4" blood clots around the wound 2" above the right ingural region. Penetrating the muscles and cutting the famoral artary-external edges are clear, cuts and injuries is downwards and medially. Blood clots around the injured area present. 3. Multiple abrasions 11/2" above the No. 2 wound." He issued Exhibit P-16 the postmortem certificate. He was of the opinion that the deceased could have died of shock and haemorrhage as a result of injury No. 2 which could have been caused by sharp-edge weapon like M. O 2. He was also of the opinion that injury No. 3 could have been caused during a struggle while trying to take out the weapon from the injury No. 2. According to him, injuries 2 and 3 could have caused the death of the deceased in the ordinary course of nature.