The conviction for culpable homicide not amounting to murder is upheld where eyewitness testimony is credible and consistent with medical evidence, and where the recovery of the weapon is supported by a voluntary discovery statement under Section 27 of the Indian Evidence Act.

The Court made the following:

THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI

O R A L J U D G M E N T:

Heard Sri Ramakrishna Akurthi, learned counsel for the appellant/accused and Sri C.P.Somayaji, learned Additional Public Prosecutor and Sri Sandeep, learned Assistant Public Prosecutor representing the respondent/State.

2. The appeal is preferred challenging the judgment dated 02.09.2008 in S.C.No.408/2007 on the file of VI Additional Sessions Judge, Kurnool.

3. The appellant was convicted for the offence U/s.304-II IPC and sentenced to suffer rigorous imprisonment for a period of seven years.

CASE OF THE PROSECUTION:

4. The case of the prosecution is that on 12.04.2007 the marriage of P.W-4’s son was performed in the village. P.W-4 gave Rs.300/- to the accused and three others to provide liquor to the person attended the marriage as per their caste custom. He requested the accused to return the balance amount of Rs.30/-. Later, the accused and others consumed liquor and returned to marriage venue. The deceased asked the accused to return the sum of Rs.30/-. The accused quarreled with the deceased. Thereafter the accused went to home, returned back to the scene of offence, armed with a knife. He stabbed the deceased on the left side of the chest. The deceased made attempt to ward off the blow. The accused again stabbed him on the left hand and ran away. The persons present there shifted the deceased to Government General Hospital at Kunrool. On intimation from the hospital, SI of Police/P.W-8 visited the hospital, recorded statement of P.W-1 vide Ex.P-1, registered the same as case in Cr.No.37/2007 for the offence U/s.302 IPC vide Ex.P-6 FIR and submitted the same to the jurisdictional Magistrate. He informed Inspector of Police/P.W-9 submitting copy of FIR. Therefore, P.W-9 took-up investigation. He examined P.W-1 at Police Station and recorded his statement. He secured P.W-7 and another as mediators, visited hospital and conducted inquest vide Ex.P-2. He examined P.Ws-2 to 5 and recorded their statements, seized M.Os-2 to 5 during the course of inquest. Later, the dead body of deceased was sent for autopsy.

5. Inspector of Police proceeded to the scene of offence, which is located in front of Maremma Temple in Jowharapuram village. He seized blood stained earth and controlled earth under M.Os-7 & 8 in the presence of the mediators P.W-7 and another vide Ex.P-7. He also prepared rough sketch of scene of offence vide Ex.P-8.

6. On 23.04.2007 on credible information, Inspector of Police arrested the accused in the presence of P.W-7 and another and recorded statement of accused. The accused made a confession regarding concealment of weapon i.e., knife/M.O-1 in foam trees near Allah Bakshu Daraga, Kurnool vide Ex.P-4. Basing on the discovery of fact from the confessional statement made by the accused, Inspector of Police seized M.O-1 knife in the presence of the mediators. Later, it was forwarded to FSL through Court with letter of advice vide Ex.P-9.

7. Inspector of Police received FSL report vide Ex.P-12. He also received Ex.P-11 postmortem report issued by P.W-10 opining that doctor found a stab wound on the left side of the chest of the deceased and an incised wound of skin deep over the outer upper part left forearm just below the elbow of the deceased. The doctor, who conducted autopsy, opined that the cause of death could be due to stab injury over the chest.

8. After conclusion of investigation, the Investigation Officer laid charge sheet before the jurisdictional Magistrate,