K MALLIKHARJUNA RAO Vs. STATE OF A P

JUDGEMENT

(1.) This is an unfortunate case of a gruesome crime alleged to have been committed by an irate son,who axed his mother to death for not obliging him with the money demanded by him.

(2.) The sole accused in Sessions Case No. 40 of 1971 on the file of the Court of Session, Prakasham Division, Ongole, is the appellant. He was convicted under section 302, Indian Penal Code, and sentenced to imprisonment for life.

(3.) The case of the prosecution is:-Kalluri Venkamma, the deceased in this case, is a resident of Kandukur in Prakasham District. Kalluri Mallikharjuna Rao the accused is her son. Kanchivardhanamma (P.W.1) is the daughter of the deceased. The deceased her daughter P.W. 1 and the accused were living in the Southern portion of the house belonging to P. W. 8 taken on rent. P.W. 8 and his family were residing in the Northern portion of the house. P.W. 9, the elder son of the deceased was living separately with his wife. The accused was frequently asking the deceased his mother for money and the latter was pleading her inability. On 11th January, 1977 as usual, the appellant asked his mother to give some money at about 11 A.M. The deceased told him, that she had no money. On the same day at about 3-30 P.M. P.W. 1 the daughter of the deceased and P. W. 3, the landlady i.e., the wife of P.W. 8 were sitting ir the front verandah, which is common to both the portions. The appellant came at that time and asked his sister P.W. 1 for some drinking water and P.W. 1 brought the same. The appellant having taken it handed over the empty tumbler to P.W. 1 who went inside the house to place the empty glass. P.W. 3, the landlady was going towards her house portion of the verandah and she heard cry as "Amma" "Ayya". She turned back and looked at the front yard and saw the deceased lying on the ground in the front verandah and the accused was holding an axe in his hand (M.O.8). The accused again hit the deceased on the head with an axe. On seeing the incident, P.W. 3 became unconscious. P.W. 2., the daughter of P.W. 3, who was inside the house on hearing the cry of the deceased came out to the front verandah and saw the deceased lying there and also the accused standing by her side with an axe in his hand. As P.W. 3 was falling down unconscious she helped her mother and took her inside their house. P.W. 4 who was at a nearby cinema Hall, went to the scene of offence on hearing the cries of P.W. 1. P.Ws. 6 and 7, who are the employees in the rice mill belonging to the deceased also rushed to the scene of offence on being informed by P.W. 1 that the appellant was beating her mother. On reaching the scene of offence, P.W. 4 bandaged the wounds of the deceased as she was still having some life, but shortly thereafter the deceased succumbed to the injuries. P.W. 8, the owner of the house and who is working as a Head Clerk in the Taluk Office in the same place, who was by then informed that his wife becoming unconscious went home. After regaining conciousness P.W. 3 informed that she saw the appellant hitting the deceased with an axe and on seeing the incident, she became unconscious. P.W. 1, the daughter of the deceased went to the Police Sta- tion, Kandukur at about 4 P.M. and gave a report Exhibit P-1 to the Sub-Inspector of Police.P.W. 12. He registered the F.I.R.,Exhibit P-14 and proceeded to the scene of occurrence. P.W. 12, the Sub-Inspector of Police and P.W. 14, the Inspector of Police, Kandukur, immediately proceeded to the scene of offence, saw the dead body of the deceased and also the axe (M.O.8) which was by her side. The appellant was found to be absconding. After holding the inquest, the dead body of the deceased was sent for post-mortem examination. P.W. 10, the lady Medical Officer, Kandukur conducted the post-mortem examination on 12th January, 1977 at 9-00 A.M. and found four incised wounds. She opined that the deceased died due to the injuries which might have been caused with a weapon like M.O.8 Exhibit P-13 is the post-mortem certificate, After completing the investigation P.Ws. 12 and 14 laid the charge-sheet. The accused was ultimately found on 4th February, 1977, at Ongole. When examined under section 313, Criminal Procedure Code, the appellant pleaded that he cannot say anything about the offence and he wanted an adjournment. As the appellant refused to co-operate with the Court, the Sessions Judge himself cross- examined the witnesses and appointed one senior advocate at Kandukur by name Mr. Ranga Rao as amicus curiae to argue the case.