IN THE HIGH COURT OF JUDICATURE OF ANDHRA AT GUNTU…
Jayachandra Reddy and Sreeramulu, JJ.
Bondalapati Arogyanadham (alias) Hari
Versus
State of Andhra Pradesh
Crl.A.No.836 of 1983.
Decided on : 19th September, 1984.
The appellant is A-1 before the trial Court. He along with another (A-2) was tried for the offence punishable under section 302, Indian Penal Code. The trial Court acquitted A-2 and convicted A-1 under section 302, Indian Penal Code, and sentenced him to imprisonment for life.
2. The prosecution case is as follows: The deceased Sri G.Ch.Venkataramaiah, was the Divisional Engineer, South-Central Railway and was known for his honesty and integrity. A-1 is a Mazdoor man in Vijayawada Thermal Power Station sidings at Kondapalli and at the relevant time the deceased was his Divisional Engineer. A-2 is a fruit hawker and a close friend of A-1. The office of the decrased was situated in the second floor of the Divisional Office. A-1 was seeking a transfer to Vijayawada but the deceased did not accept his request. On 7th September, 1982 at about 6.30 p.m. the deceased, P.W.1 the Head-clerk in the office of the deceased, P.W.2 a watchman in the office of the deceased and P.W.3 the electric crane operator in the Loco-shed, came to the stair case leading to the first floor after closing the collapsible gate in the second floor of the building. When they came near the staircase, they found A-1 standing on the second step of the staircase while A-2 was standing or the third step. A-1 requested the deceased to transfer him to Vijayawada and pretended to catch the legs of the deceased. The deceased asked him to come in the next day. A-1 who was in a druken state pushed back the deceased upto the office of the Assistant Engineer in the Second Floor and fell on him and stabbed him indiscriminately, with a, Barise like knifs. The knife got stuck into the left hand of the deceased. At that time A-2 was standing by the side of A-1. The accused No. 1 having inflicted the injuries ran away. P.W. 1 who witnessed the occurrence, came out and found P.W. 4 the Sub-Inspector, Railway Protection Force, near his office which is opposite or the office of the deceased. P.W. 4 having heard the cries by then, has come out of the office. P.W. 1 went and informed P.W. 4 that the deceased was stabbed by the assailant. Immediately he rushed to the office of the deceased and found the deceased lying in pool of blood. P.W. 4 came down and went in a jeep to the Railway Hospital and brought P.W. 9 the Assistant Medical Officer P.W. 9 examined the deceased and pronounces him to be dead. P.W. 4 thereafter asked P.W. 1 about the incident and on the basis of the information given by P.W. 1 he went to the V Town Police Station and drafted the report Exhibit P-4 and handed over the same to P.W. 18 the Deputy Sub-Inspector at about 7-30 p.m. P.W. 18 registered a crime and issued the F.I.Rs. He informed the Circle Inspector P.W. 20. P.W. 20 reached V Town Police Station and received the F.I.R. Exhibit P-39, and went to the scene of occurrence, held the inquest in the presence of P.W. 13 and others. He examined P.Ws.1 to 3 during the inquest. He sent the dead body for post-mortem. P.W. 14 the civil Assistant Surgeon, conducted the postmortem on 8th August, 1982. He found as many as 18 incised wounds all-over the body. On internal examination he found injuries to the underlying structures and fracturing the 5th and 6th ribs injuring the pleura, right lung, left lung and the sternum Most of the vital organs were also cut. He opined that theinjuries could have been caused by sharp-edged weapon and the deceased would have died of shock and harmorrhage as a result of injuries to the vital organs like lung, the liver and other vital organs. P.W. 20 continued the investigation and examined P.Ws.5, 6, 9, 10 and others on 9th August, 1982. He went to the office where the accused was working and seized Exhibit P.8 the Musterroll and also examined P.W. 8 Gang Mazdoor Maistry. On 12tb August, 1982, he arrested A-1 the appellant, took him to. V Town Police Station and he took his footprints on Exhibits P-26 to P-31. A-1 was produced before the Magistrate. On 14th September, 1982
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.