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1998 Supreme(AP) 68
Andhra Pradesh High Court
Judges : MOTILAL B.NAIK, V.BHASKARA RAO
Jajjara Venkateswarlu alias Kothulodu - Appellant
Versus
State OF A.P. - Respondent
Decided On : 02-05-98
Headnote:
Indian Penal Code, 1860 – Sections 302, 304 – Order of Conviction – Sole accused in S. C. on the file of the Additional District and Sessions Judge, Ongole is the appellant before us who has been tried for the offence under Section 302 I. P. C. and has been sentenced to suffer rigorous imprisonment for life, and to pay a fine of Rs. 100/- in default to suffer imprisonment for one week – Held, There is congestion of underlying tissues muscles underneath are found cut. – There is no fracture on ribs. – There is an entry wound of one inch present over the paritonel cavity at the site of injury. – A tear of 1" present over lateral side of spleen. 2. – An incised wound 1" x 1/4" over left side of lower thoracic spine 1" laterial to mid line obliquely placed and on dissection congestion of underlying tissues present. – Left erectory spine muscles are found cut. – The injuries found entering into left plural cavity with a wound of 1/2" over the plura. – A tear of 1/2" present over the left side of diaphragm. – An incised wound 1/2" present over the posterior aspect of left kidney with a left retraperitoneal haemotoma of 500 cc. "p. W. 6 further opined that the injuries found on the body of the deceased might have been caused with the sharp object like M. 0. 1 knife. He further opined that the injuries are sufficient to cause death in a normal course of nature. – Thus, the evidence of P. W. 6 reflects the correct nature of the injuries, which were found on the body of the deceased, as spoken to by P. Ws. 1 to 3, who have, in no uncertain terms have stated that these injuries were inflicted by the accused with sharp knife M. O. 1. – Trial Court is justified in finding the accused guilty of the charge punishable under section 302 IPC and sentenced him to life imprisonment and fine. – Therefore, court have no reason to come to a different conclusion than the finding given by the trial Court. –Court see no merits in the submissions made on behalf of the appellant- accused – Appeal Dismissed
( 1 ) THE sole accused in S. C. No. 200 of 1994 on the file of the Additional District and Sessions Judge, Ongole is the appellant before us who has been tried for the offence under Section 302, I. P. C. and has been sentenced to suffer rigorous imprisonment for life, and to pay a fine of Rs. 100. 00 in default to suffer imprisonment for one week.
( 2 ) THE gravamen of the charge against the accused is that on 23-3-1993 at about 2. 00 p. m. he committed murder intentionally by causing death of one Bodhu Adiseshe s/o. Aukaiah by stabbing with a knife on the left portion of the stomach and on the back.
( 3 ) THE case of the prosecution in brief is as follows :-THE accused is a resident of Padarthi village and the deceased as well as the material witnesses are the residents of Madanuru village. PW 1 is the wife of the deceased, PW 2 is the neighbour of PW 3, and PW 3 is the wife of the accused. The deceased is a neighbour of PW 3 s parents house. The accused and PW 3 were married and have four children from out of their wedlock. As a result of misgivings between PW 3 and the accused, PW 3 left the society of the accused and had started residing in her parents house at Madanuru and was eking out her livelihood by preparing garlands. It is the case of the prosecution that on 23-3-1993 at about 2. 00 p. m. the accsued went to the house of PW 3 and picked up quarrel with her demanding to return to his house at Padarthi village or to return his articles which are in possession of PW 3. PW 3 informed the accused that the matter could be settled when once the elders are present and therefore requested him to wait for some more time. The accused did not heed to the request of the PW 3 and grew wild and caught hold of the neck of PW 3 with his left hand and showed a knife to her pressurising her to heed to his demands. On noticising the accused being cruel to his wife, PW 3, the deceased intervened and tried to pacify the accused and requested him to wait for some more time so that the matter could be settled in the presence of elders. The accused, not satisfied with the intervention of the deceased, inflicted a stab injury on the left portion of the stomach and when the deceased turned back, he stabbed on the back of the deceased as a result of which the deceased fell down. The accused made good from the scene by slipping away. The said incident has been witnessed by PW1, PW 2 and PW 3 along with one Kesavulu, Rama Rao and Kotaiah.
( 4 ) ACCORDING to the prosecution the deceased was shifted to Government Hospital, Ongole, where he was examined and declared dead by the doctor. PW 8, Head Constable of I-Town Police Station, Ongole, on receipt of death intimation (Ex. P7) from the Government Hospital, Ongole, at 4. 15 p. m. , visited the hospital and recorded Ex. P1, the statement from PW 1, wife of the deceased. Thereafter, PW 8 forwarded Exs. P1 and P7 to Kothapatnam Police Station, through a police constable on the point of jurisdiction, which were received by PW 9, Sub-Inspector of Police, Kothapatnam Police Station on 23-3-1993 around 20. 00 hours. A case was registered in Crime No. 6/93 and Ex. P. 8 - First Information Report was isued to all the concerned. Thereafter, PW 9 proceeded to Madanuru village to examine the witnesses but found nobody present and went to Ongole Government Hospital around 24. 00 hours. PW 9 held inquest over the dead body in the presence of PW 4 on 24-3-1993. Ex. P2 is the inquest report. He also recorded the statements of witnesses. PW 6 Civil Assistant Surgeon conducted post mortem examination on the dead body of the deceased on 24-3-1993 and issued Ex. P6 post mortem certificate. According to PW 6, Civil Assistant Surgeon, the deceased seemed to have died of haemorrhage and shock due to injuries caused with the sharp object. PW 9 proceeded for observation of the scene of offence and prepared a rough sketch of the scene of offence - Ex. P9. He sent express F. I. R. to PW 10 Inspector of
