State of A. P. vs Veddula Veera Reddy

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1998 Supreme(SC) 247

1998(2) Supreme 382
Supreme Court of India
(From Andhra Pradesh High Court)
M.K. Mukherjee, S.P. Kurdukar and K.T. Thomas, JJ.
State of Andhra Pradesh -Appellant
versus
Veddula Veera Reddy & Ors. etc. -Respondents
Criminal Appeal Nos. 1631-32 of 1996
With
Criminal Appeal Nos. 1633-34/96 and 324 of 1997
All Decided on 19-2-1998
Counsel for the Parties :
For the Appellant : G. Prabhakar, Advocate.
For the Respondents : G. Prakash Reddy, Advocate for G. Narasimhulu, Advocate.

Headnote:Indian Penal Code, 1860-Sections 304 Part I, 449 and 324, 326/149-Convictions of A-1, A-3 and A-4 for offences under-Appeal against-Deceased died a homicidal death on the spot because of several injuries-A-1 and deceased being brothers were having some family disputes-P.W. 1 and P.W. 2, the sister and mother of A-1 stated that A-1 to A-5 trespassed into the room at 2 a.m. with deadly weapons where deceased was sleeping with his wife P.W. 3-Evidence of P.W. 3 supported by P.W. 1 and P.W. 2-Medical evidence - Conclusive evidence that deceased died because of injuries caused by A-1 to A-5-High Court was unjustified in altering the nature of offence and convicting A-1 for offence punishable under Section 304 Part-I-High Court has recorded unconsistent and unsustainable findings-Judgment and order of trial Court restored.
Held : A-1 to A-5 were identified not only by Tripuranani Hemalatha (P.W. 3) but also by Cherukuri Saraswathamma (P.W. 2) and Appasani Vasumathi Devi (P.W. 1) mother and sister respectively of A-1. Despite such convincing, cogent and satisfactory evidence on record the High Court held that the prosecution has failed to establish a common intention on the part of A-1 to A-5 to commit the murder of Cherukuri Kalidas and also to cause injuries to Cherukuri Saraswathamma (P.W. 2) and Tripuranani Hemalatha (P.W. 3). The finding of the High Court in this behalf is beyond the comprehension of a prudent man. The further finding that A-1 to A-5 did not share common intention while causing a murderous assault on Cherukuri Kalidas is equally wrong. The High Court has totally overlooked the evidence of eye witnesses which has proved the common object of the unlawful assembly of which A-1 to A-5 were members, attracting the provisions of Section 149 IPC and in pursuance thereof committed the murder of Cherukuri Kalidas. As against this the learned trial Judge in its exhaustive and well reasoned judgment had very carefully scrutinized the evidence of Appasani Vasumathi Devi (P.W. 1), Cherukuri Saraswathamma (P.W. 2) and Tripuranani Hemalatha (P.W. 3) in a proper perspective and had rightly concluded that A-1 to A-5 shared a common object while committing the trespass into the room of Cherukuri Kalidas to assault him with the deadly weapons which common object they (accused) carried out. Cherukuri Saraswathamma (P.W. 2) and Tripuranani Hemalatha (P.W. 3) are the injured witnesses of whom the former is the mother and latter the wife. They tried to intervene during the assault on Cherukuri Kalidas but they were also not spared by A-1 to A-5 who caused serious injuries to them as would be evident from the medical evidence on record. On the face of such conclusive material on record we are surprised that the High Court observed that the prosecution has failed to establish a common intention to commit the murder of Cherukuri Kalidas. The finding of the High Court in this behalf to say the least is totally unsustainable. The learned counsel for the accused vehemently urged that the alleged incident took place during the night and it was impossible for any of the eye witnesses to identify the accused/appellants. The eye witnesses have roped in the accused/appellants because of the enmity. Moreover these eye witnesses are the close relatives of the deceased and, therefore, it would not be safe to accept their evidence on the issue of identity of A-1 to A-5. We see no substance in any of these contentions. In the absence of any material on record it is difficult to reject or to discount in any manner the evidence of Tripuranani Hemalatha (P.W. 3). Cherukuri Saraswathamma (P.W. 2) is the mother of A-1 and she had no axe to grind against her own son (A-1) and other accused. After going through the evidence of these three witnesses we are satisfied that their evidence suffers from no infirmity whatsoever and the trial Court had committed no error in convicting A-1 to A-5 under Section 302/149 IPC and also on other counts. (Paras 11 & 12)

Judgment

S.P. Kurdukar, J.-Cherukuri Sambaiah was an affluent person having lands and house at village Pedda Makkana in Guntur District. He had left behind three sons, two daughters and a widow. Cherukuri Seetharamaswamy (A-1) is his third son whereas Cherukuri Kalidas (since deceased) was his second son. Appasani Vasumathi Devi (P.W. 1) is one of the daughters of Cherukuri Sambaiah who was married to Nageswara Rao of village Takkellapadu. After the death of her husband she has been residing at her parents’ house at Pedda Makkana. Cherukuri Sambaiah during his life-time divided his properties amongst his sons, daughters and his wife Cherukuri Saraswathamma (P.W. 2). Cherukuri Kalidas (since deceased) was a doctor having two wives, namely, Pushpavani and Tripuranani Hemalatha (P.W. 3) who are sisters. Cherukuri Kalidas and his two wives went to Iran and stayed there for about ten years. During his absence the property allotted to his share was looked after by A-1. Cherukuri Kalidas returned to Guntur from Iran five years before the incident that took place on 24.6.1991 and opened his clinic at Guntur. Cherukuri Kalidas on his return used to go to his village Pedda Makanna occasionally and took over the management of his property from A-1. The mother of Cherukuri Kalidas and A-1 were residing together in the village Pedda Makanna and her share comprising of ten acres of land was also looked after by him. Cherukuri Kalidas asked A-1 to furnish the account of his properties in his possession during his stay at Iran. This caused an ill-feeling between Cherukuri Kalidas and A-1. The dispute between the two brothers was sought to be resolved by the villagers but their efforts failed and because of this the people of the said village were divided into two groups. This acrimony also resulted into some incidents between these two groups including the incidents of throwing of bombs on each others which gave rise to the registration of crimes against them as also proceedings under Section 107 Cr.P.C.

2. On or about in the month of May 19, 1991, a month prior to the incident in question one Rangavali who was running a private school died of heart attack and in that connection M. Boddu Sambasivarao, the sympathiser of the said lady teacher filed report against A-1 alleging that he caused her death by administering the poison. A-1 believed that he was involved falsely in the said crime at the instance of Cherukuri Kalidas and it was this belief that led to further strained relation between them.

3. It is alleged by the prosecution that on 25.6.1991 at about 6 p.m. Cherukuri Kalidas along with his wife Tripuranani Hemalatha (P.W. 3) came to Pedda Makkana on the scooter. After taking dinner they went to sleep in their room. Cherukuri Saraswathamma (P.W. 2) the mother and Tripuranani Hemalatha (P.W. 3) the sister also went to sleep in another room. A-1 was having his house adjacent to the house of Cherukuri Kalidas. It is alleged by the prosecution that during that night at about 2 a.m. A-1 and his five associates armed with deadly weapons entered into the room where Cherukuri Kalidas was sleeping with his wife Tripuranani Hemalatha (P.W. 3). During the night an electric bulb was also burning in the house. A-1 and his five associates started attacking Cherukuri Kalidas with deadly weapons. When Tripuranani Hemalatha (P.W. 3) got up, she raised an alarm and tried to intervene but in vain. A-1 and his associates also caused injuries to her. His sister Appasani Vasumathi Devi (P.W. 1) and Cherukuri Saraswathamma (P.W. 2), the mother, after hearing the cries of Cherukuri Kalidas came to the room and found that A-1 and his five associates were assaulting Cherukuri Kalidas and when they tried to intervene they were also assaulted by these assailants. P.W. 1 and P.W. 3 sustained bleeding injuries whereas Dr. Kalidas was found lying dead on the floor. The deceased and the injured were thereafter removed to the general hospital, Guntur

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