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1985 Supreme(AP) 150

Andhra Pradesh High Court
Judges : C.V.RAMULU, PUNNAIAH
Kothamasu Ramakoteswara Rao - Appellant
Versus
State OF A.P. - Respondent
Crl. A. No. 659/83
Decided On : 04-02-85
Advocates Appeared :
Mr. M. P. Narsi Reddy

Headnote:INDIAN PENAL CODE, Sec. 299, 302 and 304 - Sudden quarrel between the deceased and the accused whim the deceased died due to the stabbing by the accused - Accused is liable to be convicted under sec. 304 Part-II, I.P.C.

       Held : In this case, the accused had no intention to kill the deceased. He wanted to stab him to escape from the clutches of the deceased and to run away so that he could save himself from the dire consequences that would ensue at the hands of the deceased. When the accused caused injury with the pen knife on the abdomen of the deceased it was done with the knowledge that his act is likely to cause death. Hence the case would come under Sec. 304 Part-II I.P.C. The circumstances under which the incident took place in this case make it abundantly clear that the accused did not cause the injury with the intention of causing death or with the intention of causing such bodily injury as is likely to cause death.

       Crl. A. Partly Allowed.

PUNNAYYA, J.

( 1 ) THE appellant is the accused in Sessions Case No. 87 of 1983 on the file of the II Addl. Sessions Judge, Guntur who convicted him under S. 302 I. P. C. and sentenced him to undergo imprisonment for life. The accused was tried for an offence punishable; under S. 302 I. P. C. for causing the death of Mannem Krishna Murthy (who will hereinafter be referred to as the "deceased" ). As a result of the injury caused to the deceased by the accused at 6. 30 p. m. on 20-12-1982 he died on 25-12-1982 in the Government General Hospital, Guntur. The case of the prosecution in brief is as follows :

( 2 ) P. W. 1 and the deceased originally belong to Gurazala. Since two years prior to the date of incident, they were residing at Vinukonda. P. W. 1 was doing commission business in paddy while the deceased was doing clerical work in auditing the books of some business people. The deceased was also one of the nine partners in the amusing park at Vinukonda. The accused who belongs to Kallagunta, near Macherala was also residing at Vinukonda prior to date of occurrence. At about 4. 00 p. m. on 20-12-1982 P. W. 1 was going to Bazar from his house. On his way to the Officers club, P. W. 1 saw the accused. The accused asked him as to where is his brother (deceased ). He told him that he might have gone on his business. Then the accused invited him for coffee. P. W. 1 and the accused were going for coffee near Aruna talkies at Vinukonda. They said that the deceased was coming. Then the deceased called the accused and questioned him as to why he said something scandalous against his kept mistress to one Nagabhushanam of Narasaraopet. While so saying, the deceased slapped the accused. Then the accused asked the deceased that they should better go to Narasaraopet and verify from Nagabhushanam and if the allegation was proved, the deceased could take appropriate action against him. At that time, P. W. 2 Yakkala Anjaneyulu was also present. Then, the accused, the deceased and P. Ws. 1 and 2 proceeded to Narasaraopet to verify from the said Nagabhushanam. They all came to Bus stand at Vinukonda and got into the R. T. C. Bus at Vinukonda and got down at Narasaraopet R. T. C. bus stop at about 6. 15 p. m. They were all going towards the town. Then the deceased uttered that he would take action against the accused if the allegation is proved through, Nagabhushanam, P. W. 4. Then immediately the accused picked up a knife from pocket of his pant and stabbed the deceased on his left abdomen and ran away towards R. T. C. bus stand having thrown the knife somewhere. P. W. 1 and P. W. 2 chased the accused and caught hold of him brought the accused to the spot where the deceased was lying with injuries. They found bleeding from the injury of the deceased. P. W. 1 and P. W. 3 took the accused to town police station, Narasaraopet and handed over the accused to the Police. P. W. 2 took the deceased and admitted him in a Nursing home. The S. I. of Police, Narasaraopet town, recorded the statement of P. W. 1 which is Ex. P. 1. and registered the case as Crime No. 269 of 1982 under S. 307 I. P. C. and prepared printed FIR Ex. P. 12. Subsequently, he examined P. Ws. 1 and 2 and recorded their statements. He kept the accused under surveillance and proceeded to Government General Hospital, Narasaraopet. He did not find the deceased in that hospital and on his enquiry he came to know that he was admitted in a private Nursing home run by P. W. 8 Dr. D. Venkateswara Rao. P. W. 8 found the clothes of the deceased stained with blood and also a stab injury on his left abdomen. He questioned the injured as to how he sustained the injury. He told him that he was stabbed by the accused Koteswara Rao while he was coming from the bus stand, Narasaraopet. He also asked P. W. 3 as to why the injured received injury. P. W. 3 also told him that the accused stabbed the deceased while they were coming into the town from Narasaraopet, R. T. C. bus stand. P. W. 8 rendered firs























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