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2001 Supreme(AP) 1318

Andhra Pradesh High Court
Judges : GOPALA KRISHNA TAMADA, R.M.BAPAT
Moida Ramana - Appellant
Versus
State OF A.P.rep., by Public Prosec utor - Respondent
Decided On : 10-29-01

Headnote:(i) Indian Penal Code, 1860 - Section 302 - Deceased was found murdered at his farm house Appellant convicted on circumstantial evidence - Appeal - Three days prior to occurrence there was quarrel between appellant and deceased over repayment of an amount of Rs. 25,000/- which accused had borrowed from deceased - Witnesses, brother and mother of deceased, had not mentioned that fact in their statement under Section 161 Cr. P.C. - Appellant after committing murder went to police station and made confession which was taken as first information report of crime - Such confession was inadmissible in evidence under Section 25 of Evidence Act - Part of confession that knife with which crime was committed was kept by accused at his house was also inadmissible as no recovery of knife was effected - Blood stains found on clothes of accused could not be ascertained as its blood group as per report of FSL- Conviction could not be sustained. (Paras 17 to 19)

       (ii) Evidence Act, 1872 - Section 25 - Confession before police - Accused after committing murder went to police station and confessed which was taken as F.I.R. - Confession would be inadmissible in evidence. (Paras 17 and 18)

       Result: Appeal allowed.

       

R. M. BAPAT, J.

( 1 ) THE appellant-sole accused was tried by the learned Sessions Judge in S. C. No. 292 of 1999 for an offence punishable under Section 302 of the Indian Penal code. On evidence, the learned Sessions Judge found him guilty and, therefore, proceeded to convict him and sentenced him to suffer imprisonment for life and also to pay a fine of Rs. 1,500. 00 in default to suffer Rigorous Imprisonment for one month and 15 days.

( 2 ) THE substance of the charge against the accused was that on the intervening night of 6th/ 7/06/1997 between 1 A. M. and 3 A. M. , at Rellivalasa village, the accused alleged to have caused the death of one Pinninti Appalanaidu, aged about 30 years, by stabbing him with a knife.

( 3 ) THE prosecution story can be briefly narrated as follows:- P. W. 1 happened to be the mother and P. W. 3 happened to be the brother of the deceased. The deceased and the accused were friendly and they were residing in Rellivalasa village. The deceased used to eke out his livelihood by doing poultry business and chit fund business and he was also running a tailoring shop. The deceased used to run his poultry business in the land which was taken on lease from one Moida narasimhulu, who is examined as P. W. 2, for a period of three years on a rent of rs. 1,500/ -. He used to sleep in his poultry farm during nighttime, which is situated at a distance of one kilometer from the village. Along with the deceased, P. Ws. 1 and 3 were also looking after the farm business. There was no electric supply to the farm of the deceased and that he was running it only with kerosene lamps.

( 4 ) IT is further stated by the prosecution that the accused was also having a poultry farm which was situated at a distance of 5 to 6 plots away from that of the deceased, wherein he used to reside along with his family. He was having electric supply to his poultry farm. One day, the supply of electricity was cut off by the Electricity Board demanding him to pay a sum of Rs. 25,000. 00. Further, it is alleged that the accused borrowed Rs. 50,000. 00 from the deceased. The accused sold his farm to one S. Suryanarayana, who was examined as P. W. 5. Three days prior to the date of incident, there was a quarrel between the accused and the deceased regarding repayment of the money. On the date of incident, the deceased took his meals, went to his farm to sleep. Thereafter, on the next day, p. W. 1 informed the police about the death of the deceased.

( 5 ) IT is further stated by the prosecution through the mouth of P. W. 3, who happened to be the brother of the deceased, that the accused borrowed a sum of rs. 25,000/- from the deceased for paying penalty imposed by the A. P. State electricity Board for pilferage of electricity by the accused to his poultry farm. Further, the accused also owed a sum of Rs. 20,000. 00 to the deceased towards chit amount. Therefore, one week prior to the incident, there was a quarrel between the accused and the deceased regarding repayment of the said amount.

( 6 ) AS per the version of P. W. 8, the Head Constable, on 7-6-1997 at about 4 A. M. , the accused came to the Police Station and confessed to have caused the death of the deceased by stabbing him with a knife in thatched shed. P. W. 8 recorded the statement of the accused and obtained his signature. On the strength of the information given by the accused himself, P. W. 8 registered the case in Crime no. 51/1997 against the accused for an offence punishable under Section 302 of the Indian Penal Code, issued copies of F. I. R. to all concerned. Thereafter, he informed the incident to the Inspector of Police, who was examined as P. W. 9, and handed over the custody of the accused to the Sentry at the Police Station.

( 7 ) P. W. 9, on receiving the information from P. W. 8, proceeded to the Police station and thereafter to the scene of offence on 7-6-1997 and around 7. 30 A. M. , he reached the scene of offence, observed the same and by taking the help of p. W.


















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