The court ruled that deliberate and excessive actions during a violent altercation, resulting in multiple fatalities, establish intention and premeditation necessary for a conviction under Section 302 IPC.

JUDGMENT :

K. Surender, J.

1. Crl.A.No.1029 of 2017 is preferred by the appellant, questioning his conviction for the offence under Section 302 of IPC. Crl.A.No.1460 of 2017 is preferred by the State with a prayer to direct that the appellant shall not be released on parole till his natural death, since he is a rowdy sheeter and a menace to the Society.

2. Since both the Appeals arise out of common judgment in S.C.No.506 of 2012, both are heard together and disposed off by way of this common judgment.

3. Heard learned counsel appearing for the appellant in Crl.P.No. 1029 of 2017 and respondent in Crl.P.No.1460 of 2017, and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent-State.

4. The case of the prosecution is that on 08.03.2012, at about 7 p.m., P.W.10 purchased pakodi from P.W.9, who is running a hotel, but P.W.10 did not make the payment, even though P.W.9 insisted. Then, P.W.8 also insisted him to make the payment. Thereafter, an altercation took place between P.W.10 and P.W.8. Since P.W.10 was threatened, he called the appellant over phone. Appellant came there and beat P.W.4, who had joined P.W.8 and questioned P.W.10 for altercating with P.W.8. Appellant also beat P.W.8, thereafter, P.W.4 called Jelloji Raju and Jelloji Naresh (deceased) over phone. P.W.4 along with the deceased went to Kisan Nagar locality and caught hold of the appellant. While they were trying to take the appellant to the Police Station, the appellant took out a knife, which was concealed under the seat of his motorcycle, and stabbed Raju, Naresh, Janagama Kamal, Bachu Shashi Kiran, Kola Srinivas/P.W.4 and Pasula Vijay/P.W.5. Jelloji Naresh (D.1) died on the spot and Jelloji Raju (D.2) died on the way to hospital, and others were taken to the hospital. While undergoing treatment, Janagama Kamal (D.3) died on 09.03.2012, and Shashi Kiran (D.4) died on 01.04.2012.

5. On receiving the information about D.1 and D.2, P.W.1, who is their mother, along with her brother-in-law, Jelloji Thirupati/P.W.2, lodged a complaint with the Police on 09.03.2012, at about 3:00 a.m. The Police took up investigation, conducted inquest over the dead bodies and obtained post mortem examination report. On 16.03.2012, the appellant was arrested at railway station, Karimnagar. Knife/M.O.15 and motorcycle/M.O.16 were seized at his instance and accordingly, charge sheet was filed, after concluding investigation.

6. P.Ws.4, 5, 6, and 7 are the eye witnesses to the incident. Apart from the 4 deceased persons, P.Ws.4 and 5 were also attacked by the appellant and they received injuries. P.Ws.4 and 5 were treated by P.W.21/Dr.T.Vidyasagar.

7. P.W.4/Srinivas was operated and discharged on 18.03.2012. He received a penetrating injury with jekunal perforation and mesenteric tear into assault, which is grievous in nature. Ex.P.16 is the medico legal certificate issued by P.W.21.

8. P.W.5/Parsula Vijay was discharged on 11.03.2012. He received a stab injury over the right thigh 5 x 4 cms, which is grievous in nature. Ex.P.17 is the medico legal certificate issued by P.W.21

8. According to P.W.21, he examined and performed operation of D.3, namely Kamal, who received the following injuries:-

“1. Stab injury in the abdomen in the left flank.

2. Left side of the chest inframmary region.

3. Left supra scapula area.

4. Massive haemothorax.

P.W.21 stated that “since condition of D.3/Kamal was serious, he was operated and left supra scapula wound entering into left effects of plural cavity, 900 ml of blood was drained out. Operation was performed and he was put