NAVEEN KUMAR SIROHIWAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant was convicted for the offence under Sec. 304 Part-II IPC on two counts and sentenced to undergo rigorous imprisonment for a period of ten years for causing death of two persons namely Sanoy Cherian and Sanjay Giri (herein after referred to as 'D1' and 'D2' respectively) who were 3rd year students of Hotel Management, vide judgment dtd. 1/9/2008 in S.C.No.130 of 2007 passed by the learned Metropolitan Sessions Judge, Hyderabad (for short 'the learned Sessions Judge').

(2.) The appellant/accused is student of first year in Indian Institute of Hotel Management at D.D.Colony, Bagh Amberpet. On 31/7/2006 at about 6.00 p.m, the appellant along with P.W.2, went from college to New Nallakunta and while returning, purchased beer bottle which was noticed by D1, D2 and P.W.19, who questioned the appellant and P.W.2 about consuming beer and bringing disrespect to the institute. While P.W.2 and the appellant were trying to run away, they were forcibly brought to the room in TRT No.104, where the deceased and other seniors were staying on rent. When D2 was enquiring about the incident and threatened to inform the lecturers in the institute, the appellant allegedly took chef knife on the table and stabbed D1, who received bleeding injuries and went out of the gate and fell near gate. One Himanshu Kathuria tried to catch the appellant. However, P.W.19 went out and saw D1 falling near the gate and bleeding profusely. Meanwhile the appellant ran out with blood stains on shirt. P.W.19 went inside and he saw D2 was lying on ground in between two cots with bleeding injuries on chest and shoulder. Accordingly, both the deceased were taken to the hospital, where they were declared dead.

(3.) P.W.2, who is the friend of the appellant and the appellant were both in the first year. PW2 stated that on the said date, the appellant purchased beer and two senior students, who were D1 and D2 saw them. On seeing them, they started running into lanes. However, those two senior students (D1 and D2) chased and caught hold of P.W.2 and the appellant and took them to the room in TRT No.104. In that room, there were four or five other senior students apart from D1 and D2, who took them inside. Then, both D1 and D2 and other senior students started questioning P.W.2 and the appellant. P.W.2 was asked to kneel down and remove his shirt, then suddenly, he heard voice from behind and when he turned back, the appellant was holding a knife and did not know who were attacked by the appellant. P.W.2 ran out of the gate and he also saw the appellant coming out of the room with blood stained shirt. D1 was bleeding profusely and fell near the gate and the D2 was found inside the room.