ELKARI SHANKARI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is filed by the accused in Sessions Case No. 159 of 1987 on the file of the Sessions Judge, Adilabad aggrieved by the judgment dated 15-4-1988 convicting him under Section 302 I. P. C and sentencing him to suffer imprisonment for life.

(2.) The case against the accused is that on 26-8-1986 at about 3.30 p.m. he took his son by name Sriramulu into the paddy fields and killedhim by Stabbing with a knife on the chest. A charge under Section 302 I. P. C. was framed against the accused to which he pleaded not guilty.

(3.) The prosecution examined 9 witnesses. P. VV. 1, who is the grand-father of the accused, deposed that the accused had two sons by name Venkanna and Sriramulu. On the date of the death of the deceased, in the evening while he was at his house Torra Ramaiah came to him and told him that the accused stabbed the deceased Sriramulu and killed him in the fields and that the accused was holding the knife and threatening that be would kill the other members of the family and he was corning towards the house. Later the accused came to his house holding the knife. Then he caught hold of the accused with his hands and Torra Ramaiah and Tomara Bapu removed the knife from the hands of the accused. Dubbula Nanaiah also came behind the accused saying that the accused killed the boy Sriramulu. They all went to the field and saw the deceased lying dead with stab injuries. He gave the report Ex.P1 at the police Station at Kagaznagar. P. W. 2 stated that the accused is related to him. Sriramulu is youngest son of the accused. On the date the death of the deceased the accused and the deceased went to the fields. He (P. W. 2) was also following them to go to the fields. At about 4.00 p.m. he washed his face and hands and feet in the vagu. After getting out of the Vagu he went into the adjoining fields Then he heard a cry appeared to be that of a boy. He came in the direction of the cries and found the deceased boy with bleeding injuries and struggling. The accused was holding a blood - stained knife in his hands. He was singing that "Sriramuni Sankarudu Khatam Chesinadu" and was dancing and was going towards the village. Then he called Torra Ramaiah and Nichadi Ushanna who were nearby in the field and they came and they all saw the deceased boy. He was struggling. The accused was going towards the Village saying that he would kill the inmates of the house. Then he told Torra Ramaiah to go to the house of the accused and inform the inmates of the house of the accused to go away from the house of ths accused as the accused may kill them. The accused went to his house. P. W. I and others caught hold of the accused and removed the knife from his hands. P. W. 3 deposed that on the date of the incident in the evening he was in his fields grazing his bulls. P. W. 2 called him from the direction of the fields. H; and one Ushanna ran towards the direction of P. W. 2 who told them that the accused stabbed Sriramulu with a knife and took them and showed. At that time the accused was going towards the Village saying that sankar stabbed Sriramulu. The accused was having a blood stained knife in his hands. They saw the deceased boy Sriramulu lying on the bund with bleeding injuries. The accused ran towards the village with a knife in his hands saying that be would kill all the inmates of his house. P. W. 4 deposed that on the date cf the incident while he and Torra Nanaiah were staying in the house of P.W. 1 P.W. 3 came running saying that the accused was coming armed with a knife. Meanwhile the accused came there with a knife in his hands, which was blood stained. Then be and P.Ws. 1 and 3. Nanaiah caught hold of the accused and removed the knife from his hands. From the evidence of these witnesses it is established that the accused took his son bv nam; Sriramulu to the fields on the afternoon of 26th August, 1986 and stabbed him with a knife. P.W 9 the Doctor who conducted the post-mortem examination found three stab injuries on the left side of the chest of the deceased Sriramulu, a boy aged 12 years and a cut injury on the left side of the abdomen. He opined that the death could have occurred on account of shock and haemorrhage due to multiple stab injuries and injury to lung and heart and that the injuries arc sufficient to cause death in the ordinary course. Therefore, we have no hesitation in holding that the accused caused the dfath of his son Sriramulu by stabbing him with a knife.