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2007 Supreme(AP) 71

Andhra Pradesh High Court
Judges : Bilal Nazki, M.Venkateswara Reddy
BHURA KHARIA - Appellant
Versus
STATE OF A. P. - Respondent
Decided On : 01/19/2007
Crl. A. 919 Of 2004

Advocates Appeared: T.Panduranga Rao

Headnote:

Criminal Produce Code, 1973 – Sections 313 and 338 – Indian Penal Code, 1860 – Sections 302, 302, 324, 326, 307, 326, 307, 324, 307, 324 and 307 – Andhra Pradesh State government came into force along with the mental Health Act, 1987 – State Mental Health Rules, 1990 – Offence of Murder and other offences – Transferred for detention – This is a story of a youth who ran amok all of a sudden and went on a killing spree – Appellant Bhura Kharia belongs to kodesara Village in Chatra District, Jharkand state – He studied upto B. A. During the month of October, 2001, he appeared for railway Recruitment Board Examination in chenna. While returning he got down at vijayawada and on his way to Visakhapatnam got down at Rajahmundry, made his appearance – On the bund of Godavari near Kumari Talkies where he created panic – He suddenly snatched away a traditional bamboo knife-M. O. 1 from hands of one Akula rambabu who was making bamboo ladder and hacked him to death. From there he proceeded ahead, attacked another person by name Dasari Narayana Rao and hacked him to death with the same knife. He did not stop there, attacked everybody who came on his way and in the process caused either simple or grievous injuries to the following persons – Konda Phanikumar-P. W. 11 2. Dungala Kumar 3. Vemulapudi Sanyasi Rao 4. Maddi Jagadeesh-P. W. 12 -P. W. 8 P. W. 7 P. W. 9 P. W. 6 9 P. W. 10 – Held, It is clear from the above extracted provisions that an order made under Section 335 Cr. P. C. directing the reception of a mentally ill prisoner into any psychiatric hospital or psychiatric nursing home, shall be sufficient authority for the admission of such person in such hospital or, as the case may be, such nursing home or any other psychiatric hospital or psychiatric nursing home to which such person may be lawfully transferred for detention therein – State Mental Health Rules, 1990 made by Andhra Pradesh State government came into force along with the mental Health Act, 1987 on 1-4-1993. The accused was treated in Government Hospital for Mental Care, Visakhapatnam – Court feel it fit to direct the accused to be detained in Government Hospital for Mental care – Appellant/accused is acquitted of all the charges – Directions issued – Order accordingly.

M. VENKATESWARA REDDY, J.

( 1 ) THIS is a story of a youth who ran amok all of a sudden and went on a killing spree. The appellant Bhura Kharia belongs to kodesara Village in Chatra District, Jharkand state. He studied upto B. A. During the month of October, 2001, he appeared for railway Recruitment Board Examination in chenna. While returning he got down at vijayawada and on his way to Visakhapatnam got down at Rajahmundry, made his appearance on 16-10-2001 at 12. 30 p. m. , on the bund of Godavari near Kumari Talkies where he created panic. He suddenly snatched away a traditional bamboo knife-M. O. 1 from the hands of one Akula rambabu who was making bamboo ladder and hacked him to death. From there he proceeded ahead, attacked another person by name Dasari Narayana Rao and hacked him to death with the same knife. He did not stop there, attacked everybody who came on his way and in the process caused either simple or grievous injuries to the following persons :

1. Konda Phanikumar-P. W. 11 2. Dungala Kumar 3. Vemulapudi Sanyasi Rao 4. Maddi Jagadeesh-P. W. 12 5. Kapavarapu Suryanarayana-P. W. 8 6. Angati Sreenu-P. W. 7 7. Dasari Venkateswara Rao-P. W. 9 8. Gudise Venkateswarlu-P. W. 6 9. Pantla Appalaswamy-P. W. 10


( 2 ) THUS, the accused killed two persons and caused injuries from simple to grievous to nine persons. Public caught hold of him and beat him. They telephoned to the police. P. Ws. 1 and 2 who are eye-witnesses rushed to the police station where their statements were recorded by the Head Constable, Rajahmundry II-Town police Station-P. W. 20. P. W. 21 Sub-Inspector of Police rushed to the place, found the accused in bleeding injuries and took him to hospital for medical treatment. After returning back to the police station, he registered the two statements recorded by p. W. 20 as a case and issued F.. R. P. W. 22, the Inspector of Police, Rajahmundry Town investigated into the case. P. Ws. 18, 19 and 23 are the doctors who examined the injured and issued wound certificates. P. W. I8 examined P. Ws. 8, 9 and 10. P. W. 19 examined p. Ws. 6, 7, P. W. 11 and Vemulapudi sanyasi Rao (not examined before Court ). P. W. 23 examined P. W. 12 and Dungala kumar (not examined before Court ). P. Ws. 16 and 17 are the doctors who conducted post-mortem examination over the dead bodies of Akula Rambabu and dasari Narayana Rao respectively. All the medical witnesses opined that the injuries would have been caused with M. O. 1-knife which was seized by the Inspector P. W. 22 at the 12th scene of offence. As to the accused attacking the two deceased and nine others there is the evidence of the eye-witnesses p. Ws. 1 to 5 and that of the injured P. Ws. 6 to 12. P. W. 13 is the wife of akula Rambabu, deceased No. 1, while p. W. 14 is the wife of Dasari Narayana rao, deceased No. 2. P. W. 15 is the V. A. O. of Rajahmundry who was present at the time of preparation of the observation report and inquest reports and attested them.

( 3 ) ON behalf of the defence, the medical Officer, Government Headquarters hospital, Rajahmundry was examined as d. W. 1. Two contradictions in the statements of P. Ws. 14 and 11 recorded under Section 161 Cr. P. C. were marked as Exs. D. 1 and d. 2. The medical certificate issued by p. W. 19, on examining the accused, was marked as Exs. D. 3 and a true extract of the register maintained by the Medical officer, Central Prison, Rajahmundry as Ex. D. 4.

( 4 ) THE accused faced trial for two charges under Section 302 of the Indian penal Code, 1860 (for short "ipc"), three charges under Section 324 IPC, four charges under Section 307 IPC and two charges under Section 326 IPC and he was found guilty of all the 11 charges. For the two offences under Section 302 IPC, he was sentenced to suffer rigorous imprisonment for life and pay a fine of Rs. 500/- on each count. Different punishments were given for the rest of the 9 offences and all the sentences were ordered to run concurrently.

( 5 ) TH







































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