GUVVALA KOTAIAH Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused is the appellant herein. He was convicted under S.304 Part II I.P.C. and sentenced to suffer R.I. for eight years. He was also convicted under S.324 I.P.C. and sentenced to suffer R.I. for six months. He was further convicted under S.323 I.P.C. and sentenced to suffer R.I. for three months. All the sentences were directed to run concurrently.

(2.) The facts of the case are : The accused in a student of 8th class in Government Junior College, Miryalaguda, and a resident of Yadgarpalli village. The deceased Shaik Yacob was a student of 10th Class in the Government Junior College at Miryalaguda and a resident of Harijanawada of Miryalaguda town. The injured Jani Pasha P.W. 1. Vishnu Kumar P.W. 2 and Srinivas P.W. 3 are friends of the deceased. There was a quarrel about two days prior to the incident in between the accused and the deceased and P.W. 3, On 18-4-1987 P. Ws. 1 and 3 on one cycle and the deceased and P.W. 2 on another cycle were going towards the Government Junior College in the afternoon. By the time they reached the road in front of 'Still Tailors' near the Government Hospital, the accused came in the opposite direction on a cycle and stopped them and questioned why they were looking at him and picked up a quarrel with P.W. 3. Thereupon P.W. 2 interfered and he was pushed away by the accused. The accused pulled out a knife and stabbed P.W. 3 on the left side of the shoulder and then the deceased interfered and questioned why the accused was stabbing so many people. Immediately thereafter the accused stabbed with the same knife on the left side chest of the deceased and the deceased fell down. The accused was trying to run away. P.W. 1 caught hold of him and he was brought to the Police Station by P. Ws. 1 and 2 and the matter was reported to the police and thereupon the knife was also seized by the police from the possession of the accused. P.W. 7, the Assistant Sub-Inspector of Police, received the report Ex. P1 and registered the same as Cr. No. 25/87 under S.302 and 324 I.P.C. P.W. 7 seized the knife. M.O. 1, in the presence of P.W. 6 under a Panchanama. He issued F.I.R., Ex. P. 12. P.W. 6, the Inspector of Police, took over the investigation. He arrested the accused. Then he went to the Government hospital where he found the dead body of the deceased. He conducted inquest over the dead body. He examined P. Ws. 1 to 3 and others at the time of inquest. As P. Ws. 1 to 3 received injuries, they were sent to the Government Hospital and they were got examined by the Doctor, P.W. 5. The dead body was thereafter sent for post-mortem examination. P.W. 5 conducted post-mortem on the dead body of the deceased and issued the post-mortem certificate Ex. P. 3. He also examined P.Ws. 1 to 3 and issued wound certificates Exs. P4 to P6. P.W. 6, after completing the investigation, filed the charge-sheet in this case.

(3.) The prosecution in all examined P. Ws. 1 to 8 and marked Exs. P1 to P12. The defence marked Exs. D1 to D4.