CHALLAPUDI SARASWATHI Vs. STATE

JUDGEMENT

(1.) The second accused is the appellant. He was tried along with five others on various charges by the learned Addl. Sessions Judge of East Godavari. The appellant and accused-1 were charged under section 302 read with section 34 I.P.C. for having conjointly caused the death of one Vara Narayuduon on February 9, 1957 at about 3 p.m. at Bobbarlanka. It was alleged that the first accused had caught hold of Narayudu by his tuft of hair and felled him down while the appellant (accused-2) had stabbed him with a spear on his abdomen and left buttock. Accused 3, 4, 5 and 6 were charged with having caused hurt in the course of the same transaction to Nagaraju (P.W.2.), Apparao (P.W.3) and Basivi Reddi (P.W.4) by assaulting them with 'kavidi badda', spear and stones. The learned Judge acquitted accused-1 and accused 3 to 6 and convicted the appellant (accused-2) of an offence under section 302 I. P. C. and sentenced him to imprisonment for life.

(2.) The case for the prosecution is briefly as follows:-

(3.) About a month before the occurrence A-1's son Raju and the appellant' son Ramarao along with some others including a young woman called Mahalakshmi (P.W.9), were working in the tobacco field of one Chinna Bapanna (P.W. 11). Ramarao tried to indulge in badinage at the expense of the young woman Mahalakshmi (P.W.9) by remarking that her breasts were like lemons ('nimmakayalu'). P.W.9 retorted by saying that Ramarao's mother and sister too had breasts. Ramarao got angry and assaulted P. W. 9 and the latter started crying. Just then Nancharayya (P.W. 10), the brother of the deceased Narayudu, happened to pass that way and P.W.9 told him how Ramarao had insulted and assaulted her. P. W.10 admonished Ramarao and Raju whereupon both of them tried to beat P.W. 10. In the meantime P.W. 11, the owner of the field, intervened, rebuked Ramarao and Raju and sent them away.