ANISETTI VEERABHADRA RAO Vs. STATE OF A P

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 21. 6. 2006 passed in S. C. No. 93 of 2002 on the file of III Additional district and Sessions Judge, Kakinada whereby and where under the learned additional Sessions Judge found A\-Anisetti veerabhadra Rao and A2-Anisetti Venkata ramana guilty for the offences under sections 448 and 302 IPC and convicted them accordingly and sentenced each of them to suffer RI for 6 months for the offence under Section 448 IPC and imprisonment for life and pay a fine of Rs. 2,000/-, in default to suffer SI for one month for the offence under Section 302 IPC.

(2.) FOUR accused persons viz. , A1-Anisetti Veerabhadra Rao, A2-Anisetti venkata Ramana, A3-Anisetti Ramulu and a4-Anisetti Sesharatnam were put on trial before the III Additional District and Sessions judge, Kakinada for the offences punishable under Sections 448 read with 34, 302 and 302 read with 114 IPC. More precisely the charges framed are: charge No. 1: Against A1 to A4 for committing the offence of house trespass punishable under Section 448 read with 34 of IPC; charge No. 2: Against Al and A2 for causing the death of Yanamandra Subba rao intentionally punishable under Section 302 IPC; charge No. 3: Against A3 and A4 for abetting Al and A2 to commit murder of yanamandra Subba Rao punishable under section 302 read with 114 IPC. To bring home the guilt of the accused for the offences with which they stood charged, prosecution examined 22 witnesses, proved 25 documents and exhibited 8 material objects. The plea of the accused is that the deceased was attacked in darkness by the husband of Bhagyavathi and his associates since he developed illicit intimacy with Bhagyavathi and taking advantage of the deceased sustaining injuries in the incident, the case was foisted against them. Contradictions in the statements of P. Ws. 1 and 3 recorded under Section 161 Cr. P. C were marked as Exs. Dl and D2 respectively. The learned Additional Sessions judge, on appreciation of the evidence brought on record and on hearing the prosecution and the accused, found A1 and a2 guilty for the offences under Sections 448 and 302 IPC and convicted them accordingly by judgment dated 4. 12. 2003 while recording acquittal of A3 and A4. Aggrieved by the judgment of conviction and sentence, Al and A2 filed Crl. A. No. 1324 of 2003 and whereas aggrieved by the acquittal of A3 and A4, the brother of the deceased namely Yanamandra venkateswara Siddhanti, who has been examined as P. W. 2 filed Crl. R. C. No. 442 of 2004. The criminal appeal and the criminal revision case came to be heard together and a Division Bench of this Court by a common judgment dated 27. 1. 2006 allowed the appeal and set aside the conviction and sentence of A1 and A2 and remitted the matter back to the trial Court for examination of Al and A2 under Section 313 Cr. P. C with regard to the contents of Exs. P. 12 and p. 18 dying declarations while dismissing criminal revision case filed by PW. 2. The penultimate para of the common judgment passed by the Division Bench of this Court reads as under:

(3.) THE prosecution case, in brief, as unfolded by the witnesses examined on its behalf is as under: a1-Anisetti Veerabhadra Rao and A2-Anisetti Venkata Ramana are sons of A3 anisetti Ramulu and A4 Anisetti sesharatnam. The house of A1 to A4 and the house of Yanamandra Subba Rao are intervened by a rasta. Yanamandra subba Rao owned a tractor. A3 engaged the tractor of Yanamandra Subba Rao on hire about 5 or 6 years prior to the date of occurrence and thereby he became indebted to a sum of Rs. 3,000/- towards hire charges. A panchayat was held with regard to payment of hire charges. P. W. 10 Kona bapiraju acted as an elder and settled the dispute and in pursuance of the settlement, a3 paid Rs. 3,000/- to Yanamandra Subba rao. Al to A4 nourished grudge against yanamandra Subba Rao for placing the dispute over hire charges before the elders. They suspected Yanamandra Subba Rao that he propagated in the village that their family indebted to several people. A1 and a2 allegedly threatened Yanamandra subba Rao with dire consequences for damaging the reputation of their family. On 12. 8. 2001 at about 6 p. m. Yanamandra subba Rao was sitting on a payal in front of his house. A1 and A2 came upon him, a1 pulled him from the payal and attempted to hack him. He attempted to ward off the blow by raising his right hand. The blow fell on his right hand and consequently his palm portion upto wrist got severed. A1 dealt a further blow on his shoulder and whereas A2 hacked on his head, left shoulder and left cheek. P. W. I Yanamandra Surya prakasamma, mother of Yanamandra subba Rao, rushed to the payal and made hue and cry. A3 and A4 were stated to be standing outside the house of Yanamandra subba Rao. P. W. 3 Kada Subrahmanyam, who is a farm servant of Yanamandra subba Rao, witnessed the occurrence. He brought P. W. 5 Vithanala Ganiraju to the scene. P. W. 5 learnt from Yanamandra subba Rao that A1 and A2 attacked him. P. Ws. l, 3 and 5 shifted the injured-Yanamandra Subba Rao to Government hospital, Kakinada by a car bearing No. AP 5 X 7159 owned by P. W. 11 Madhavarapu ramachandrarao @ Rajababu. On the way to the hospital at Jagamnaikpur new bridge, P. W. 2 Yanamandra Venkateswara sidhanthi, who is the brother of the injured-Yanamandra Subba Rao, joined them. It is stated that PW. 2 enquired the injured-Yanamandra Subba Rao as to how he sustained injuries and thereupon the injured stated to have told him that A1 and A2 attacked him and caused injuries. PW. 16 dr. K. Appalacharyulu, Civil Assistant surgeon, Government General Hospital, kakinada sent Ex. P15 hospital intimation to the Outpost Police Station, Government hospital, Kakinada. PW. 19 K. V. Raghavulu, h. C. , of Outpost Police Station, Government hospital, Kakinada received Ex. P. 15 hospital intimation at 8. 20 p. m. He rushed to casualty ward of the hospital and recorded statement of the injured- Yanamandra Subba rao, which has been exhibited as Ex. P. 18. He read over the contents of the statement and obtained thumb impression of the injured-Yanamandra Subba Rao thereon. He sent Ex. P. 15 hospital intimation to gollapalam Police Station. P. W. 20 K. Ch. S. Reddy, H. C. , Gollapalam Police Station received Ex. P. 18 statement of the injured-Yanamandra Subba Rao and Ex. P. 15 hospital intimation on 13. 8. 2001 at about 3 a. m. He registered a case in Cr. No. 65 of 2001 under Sections 448 and 307 read with 34 IPC and issued Ex. P. 19 FIR. P. W. 17 Dr. B. Rangarao, Casualty Medical officer sent Ex. P. 11 intimation to the concerned Magistrate to record the statement of the injured-Yanamandra Subba Rao. P. W. 14 K. Chandrasekhara Rao, Special mobile Magistrate, Kakinada, received ex. P. 11 requisition and proceeded to hospital. He recorded the statement of the injured-Yanamandra Subba Rao on certifying by the duty doctor about his fit state of mind. He also put some preliminary questions to the injured and satisfied himself with regard to fit state of mind of the injured to give statement. The injured-Yanamandra Subba rao stated before P. W. 14 that the first son and the third son of A3 attacked him. He read over the statement to the injured-Yanamandra Subba Rao who admitted the contents to be true and correct and affixed his left thumb mark thereon. Ex. P. 12 is the statement of the injured- Yanamandra subba Rao. He forwarded Ex. P. 12-statement of the injured- Yanamandra Subba rao under Ex. P. 13 covering letter to the iii Additional JFCM, Kakinada. PW. 20 k. Ch. S. Reddy, H. C. , Gollapalem Police station after dispatching the FIR to the concerned Court and marking copies of the same to the concerned officials rushed to the Government General Hospital, Kakinada and examined the injured-Yanamandra subba Rao and recorded his statement under Section 161 Cr. P. C which has been exhibited as Ex. P. 20. He examined P. W. I, pw. 2 and PW. 19 and recorded their statements under Section 161 Cr. P. C. He reached the scene on 13. 8. 2001 at about 9. 30 a. m. and prepared Ex. P. 6 scene of offence panchanama in the presence of p. W. 13 and L. W. 19 L. Tirupathi Rao. He also prepared rough sketch, which has been exhibited as Ex. P. 21. He got the scene of offence photographed through P. W. 12. Ex. P. 4 is the positive photographs numbering four and Ex. P. 5 is the strip of negatives. Yanamandra Subba Rao (hereinafter referred to as the deceased) was shifted to Care hospital on 13. 8. 2007 where he succumbed to the injuries on 14. 8. 2001 at 10 a. m. P. W. 18 sent Ex. P. 17 death intimation to II Town Police Station, kakinada. P. W. 20 received Ex. P. 17 death intimation from Care Hospital, Kakinada through II Town Police Station, Kakinada and altered the section of law from Sections 448, 307 read with 34 to Sections 448, 302 read with 34 IPC and issued altered FIR. P. W. 21 took up investigation and conducted inquest over the dead body of the deceased in the presence of P. W. 13 Paningapalli venkata Surya Subrahmanya Sai Sree rama Chandramurthy and two others. Ex. P. 7 is the inquest report. After inquest, the dead body was sent for post-mortem examination. PW. 15 Dr. T. Rama Rao held autopsy on the dead body of the deceased on 15. 8. 2001 from 9. 30 a. m. to 11. 30 a. m. and issued Ex. P. 14 post-mortem report opining that the deceased died of hemorrhage and shock as a result of multiple injuries. P. W. 22 K. Raghuveera Reddy, Inspector of Police, Kakinada (Rural) Police Station, arrested A1 and A2 on 23. 8. 2001 and interrogated them in the presence of P. W. 13 p. V. S. S. S. Ramachandra Murthy and l. W. 22 K. Yesuratnam. He recovered mo. 1 knife in pursuance of the disclosure statement made by Al and MO. 2 knife in pursuance of the disclosure statement made by A2 under the cover of Ex. P. 10 panchanama. Ex. P. 8 is the relevant portion of the confession statement of A2 and ex. P. 9 is the relevant portion in the confessional statement of A1. He sent the incriminating material to RFSL, Visakhapatnam. Ex. P. 25 is the RFSL report. After completing investigation he laid the charge-sheet before iii Additional JFCM, Kakinada.