M MANI Vs. STATE OF A P

JUDGEMENT

(1.) The appellant herein was original Accused No.l in S.C.No.104 of 1992 on the file of the learned I Additional Sessions Judge, Chittoor. The sister of the appellant, who was Accused No.2 at the trial, has been acquitted. The appellant and his sister were charged for offence punishable under Section 120-B of the Indian Penal Code (for short 'the I.P.C.') and the appellant was further charged for having committed murder of Kodandaiah (hereinafter referred to as 'the deceased') on 22-10-1991 by administering to him poison. The appellant was sentenced to suffer imprisonment for life for offence under Section 3021.P.C. and was also sentenced to pay a fine of Rs.100/-. The charge under Sec. 120-B of the I.P.C. failed against the appellant as well as the original Accused No.2.

(2.) The case of the prosecution was that Kodandaiah (the deceased) was aged about 12 years and was the step son of acquitted Accused No.2. One Krishnaiah is the father of said deceased and husband of Accused No.2. Krishnaiah married Accused No.2 after the death of his first wife. The appellant is the real brother of Accused No.2. The appellant is resident of Gandhampodivaripalli in Penumur Mandal and runs a tailoring shop at Penumur. It is alleged that on 21-10-1991 the appellant and original Accused No.2 had entered into a conspiracy to do away with the deceased and in pursuance of the said conspiracy, the appellant took the deceased on the same day with him. They were seen together on that day and in particular one Mr. Subrahmanyam, who is examined as P. W.2, saw them at Bus stop at Tirupati. They travelled together upto Nandragunta. The appellant took the deceased for a lunch. P.W.2, Mr. M. Subrahmanyam also accompanied them. Thereafter Mr. Subrahmanyam left for his village. At 10.00 p.m. on the same day the Sarpanch of Nandragunta, who is examined as P.W.I, saw the deceased and the appellant at the Nandragunta Bus stop. The Sarpanch spoke with appellant and then left for his house. On the next day i.e., on22-10-1991 at about 5 a.m. the Sarpanch (P.W.I) againhappened to come at Bus stop at Nandragunta and found the deceased boy struggling for life at the said bus stop. The deceased boy is alleged to have made a dying declaration disclosing that appellant had administered him poison at the instance of his step mother (A-2). Some persons then assembled there. But the deceased succumbed to said poison before he could be shifted to hospital. Thereafter, a complaint was lodged by the Sarpanch (P.W.I) at the Police Station at Pakala. It is alleged that in the meantime the appellant had gone and met Mr. Subrahmanyam (P.W.2) at his residence and confessed of having administered poison to the deceased. Subrahmanyam (P.W.2) took the appellant to his employer and there also the appellant made a confession of having administered poison to the deceased. Later, after arrest the appellant is alleged to have pointed out one plastic container. The prosecution alleges that this plastic container was used by the appellant for carrying poison with him and that it was this poison that was administered to the deceased. After usual investigation, the appellant and Accused No.2 were prosecuted.

(3.) As pointed out already the appellant alone was found guilty by the learned I Additional Sessions Judge and was convicted and Accused No.2 was acquitted. It may be pointed out that the appeal came up for hearing before a Division Bench of this court earlier and the same was dismissed by Judgment dated 1st of March, 1994. Against the said Judgment, the appellant went to the Supreme Court in Crl. A.No.735 of 1994. The Supreme Court while disposing of the said appeal observed: