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Andhra Pradesh High Court
Judges : P.RAMACHANDRA RAJU, S.MADHUSUDAN RAO
Madu Koteswara Rao - Appellant
Versus
State OF A.P. - Respondent
Decided On : 02-20-75
Dying Declarations - Murder - IPC 147, 148, 302 - The court examined the dying declarations, finding them inconsistent and unreliable due to various infirmities. The direct evidence of witnesses was also deemed unbelievable. The court expressed concern over the fabrication of evidence by investigating officers and set aside the convictions and sentences of the appellants.
Fact of the Case:
The deceased, a resident of Vijayawada, was attacked and murdered by the accused, who were sub-contractors of government arrack. The prosecution relied on dying declarations and direct evidence of witnesses to establish the guilt of the accused.
Finding of the Court:
The court found the dying declarations beset with infirmities and inconsistencies, and the direct evidence of witnesses unbelievable. It expressed concern over the fabrication of evidence by investigating officers.
Issues: Reliability of dying declarations, credibility of direct witnesses, and the conduct of investigating officers.
Ratio Decidendi: The court emphasized the need for close scrutiny of dying declarations and expressed concern over the fabrication of false evidence by investigating officers.
Final Decision: The convictions and sentences of the appellants were set aside, and the appeal was allowed. The court directed the release of the appellants.
( 1 ) THE appellants are the accused 1 to 8 in Sessions Case No. 74/73 of the sessions Division, Krishna. They were tried along with four others (A-9 to a-12) for the murder of one Boyi Gopal reddy, While the accused 9 to 12 have been acquitted, the appellants have been convicted under sections 147, 148 and 302 read with 149 I. P. C. Each of the appellants has been sentenced to suffer imprisonment for life under the third account. No separate sentence has been awarded under the first and second counts.
( 2 ) BOYI Gopal Reddy, the deceased in this case is a resident of Vijayawada. He and his friends were organising sales of a beverage known as ginger Berries product". He owns a shop for the sale of the ginger berry product. Several other friends of the deceased own ginger berry shops. The deceased was the Pre. sident of the Union of ginger berry shop owners. It appears the ginger berry product is a cheap quality of I. D. arrack. The business carried on by the deceased and his associates adversely affected the sale and consumption of Government arrack resulting in substantial loss to the government arrack contractors. All the twelve accused are sub-contractors of government arrack and they bore grudge towards the deceased. They were getting the ginger berry shops raided by the excise officials. In his capacity as the president of the ginger berry shop owners union, the deceased filed a Writ Petition in the High Court for a direction against the Excise officials restraining them from raiding the ginger berry shops.
( 3 ) ACCORDING to the prosecution, the twelve accused decided to do away with the deceased whose activity in the sale of the ginger berry product was resulting in considerable loss to them. On 22-5-1973 in the evening the deceased went to the Venus Cultural Club and spent the night there, This Club is one of the gambling houses in Vijayawada. Early in the morning of 23-5-73 at about 4-30 or 5 a. m. the deceased left the club and engaged the rickshaw of P. W. i to go to his house. While the deceased was proceeding in the rickshaw along the nageswararao Pantulu road and when the rickshaw reached the V. S. Tailor s shop, the 12 accused came in a jeep and obstructed the rickshaw. After getting down the jeep, one of the accused threw chlllfc power in the eyes of the deceased and all the accused attacked him with battle- axes, iron rods and sticks. There after they put the deceased in the jeep and took him towards the Officer s Club and threw him down in the vacant site behind the Officer s club. After throwing him down there, the deceased was again be laboured by some of the accused. An amount of Rs. 100/- was taken away by a-1 from the shirt pocket of the deceased. All the accused thereafter went away in the jeep leaving the deceased in the vacant site. The attack against the de- ceased on the Nageswara Rao Pantulu road was witnessed by P. Ws. 1 to 5.
( 4 ) ON Information that the deceased was lying injured behind the Officers" club, the deceased s brother (P. W. 7) and the deceased s son Appa Rao went to the place and met the deceased who was lying on the ground with injuries. The deceased told them that while he was returning in the rickshaw driven by p. W, I from the Venus Club, he was attacked by the Government arrack renters A-7, A-8, A-4, A-3 and others. P. W. 7 rushed the deceased to the Government Hospital, Vljayawada.
( 5 ) THE Medical Officer incharge of the government Hospital (P. W. 10) admitted the deceased in the Hospital at about 5-45 a. m. and sent intimation to the police and the Magistrate. On receipt of the intimation, the Head Constable of police (P. W. 27) who was tncharge of the III Town Police Station went to the hospital and recorded a statement from the deceased under Ex. P-24 in the presence of P. W. 10 at about 7-45 a. m. He sent Ex. P-24 with a memo to the V Town police Station, Vijayawada on a point of jurisdiction.
( 6 ) THE Fifth Adll judicial First Class magistrate, Vlj
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