Andhra Pradesh High Court - Amravati
Gunnam Vasanthaiah, Kovur Mandal Anr., vs The State Of Andhra Pradesh, Rep Pp., on 9 May, 2025
Author: K.Suresh Reddy
Bench: K.Suresh Reddy
HON'BLE SRI JUSTICE K.SURESH REDDY
AND
HON'BLE Dr. JUSTICE Y.LAKSHMANA RAO
CRIMINAL APPEAL No. 1228 OF 2017
JUDGMENT:(per Hon'ble Sri Justice K.Suresh Reddy) Aggrieved by the conviction and sentence recorded by judgment dated 02-08-2017 in Sessions Case No. 128 of 2016 on the file of the Court of learned IV Additional District and Sessions Judge, Nellore, S.P.S.R. Nellore District (for short, 'the trial Court'), accused Nos. 1 and 2 therein filed the present criminal appeal before this Court.
2. The appellants-accused Nos. 1 and 2 were tried by the trial Court under the following three charges:
I charge was under Section 302 read with Section 34 IPC against accused Nos. 1 and 2;
II charge was under Section 307 read with Section 34 IPC against accused Nos. 1 and 2; and III charge was under Section 27 of Indian Arms Act, 1959 (for short, '1959 Act'), against accused Nos. 1 and 2.2
3. Substance of the charges is that on 05-07-2015 at about 2 p.m., accused Nos. 1 and 2 along with child in conflict with law attacked one Thumma Nageswara Rao (hereinafter referred to as 'deceased No. 1') and Thumma Nagarjuna (hereinafter referred to as 'deceased No. 2') with a spear and iron rod and caused their death and in the same process, they also caused injuries to P.Ws.1 and 10, thereby committed offences punishable under Sections 302 and 307 read with Section 34 IPC and Section 27 of 1959 Act.
4. After completion of trial, the trial Court convicted accused Nos. 1 and 2 and sentenced them each to suffer rigorous imprisonment for life and also to pay a fine of Rs.2,000/-, in default to suffer simple imprisonment for a period of one year, for the offence under Section 302 read with Section 34 IPC. The trial Court also convicted accused Nos. 1 and 2 and sentenced them each to suffer rigorous imprisonment for seven years and also to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for a period of six months, for the offence under Section 307 read with Section 34 IPC. The trial Court acquitted accused Nos. 1 and 2 of the charge under Section 27 of 1959 Act. Both the substantive sentences were directed to run concurrently.
5. It is brought to the notice of this Court by learned counsel appearing for the appellants-accused Nos. 1 and 2 that during pendency 3 of the appeal, the appellant-accused No. 2 died. On the other hand, learned Additional Public Prosecutor has produced the written instructions received from the in-charge Sub Inspector of Police, Kovur Police Station, S.P.S.R. Nellore District, along with death certificate dated 06-08-2024, confirming the death of the appellant-accused No. 2 on 07-08-2023. In the light of the above, the appeal against the appellant-accused No. 2 is dismissed as abated. The present appeal is therefore considered only with regard to the appellant-accused No. 1.
6. Case of the prosecution, as culled out from the evidence of prosecution witnesses, is as follows:
Both the accused as well as the material prosecution witnesses are residents of Vegur Village of Kovur Mandal, S.P.S.R. Nellore District. Both the deceased were also residents of the same village. The marriage of P.W.1 was performed with one Amarnath about seven years prior to the date of incident. The husband of P.W.1 developed illicit intimacy with the daughter-in-law of accused No. 2 about one year prior to the date of incident. On 04-07-2015 at about 4 p.m., P.W.1 was returning home after attending coolie work. When P.W.1 reached near the house of accused Nos. 1 and 2, they obstructed her and the daughter-in-law of accused No. 2 beat her with a stick on her back. P.W.1 returned home and narrated the incident to her father-deceased 4 No. 1. On 05-07-2015 at about 2 p.m., P.W.1 along with deceased No. 1 and P.Ws.5 and 6 went to the house of accused Nos. 1 and 2 to question as to why they beat P.W.1. While they were questioning about the incident that took place on 04-07-2015, accused No. 2 quarrelled with deceased No. 1 and P.W.1. An altercation took place between accused No. 2 and deceased No. 1. At that juncture, accused No. 1 went into the house, brought a spear and poked on the left side chest of deceased No. 1. P.W.1 raised hue and cry. On hearing the cries, deceased No. 2-brother of P.W.1 and P.W.10 came to the scene and tried to intervene. Immediately, accused No. 1 also poked deceased No. 2 on the left side of his neck with the spear. Due to fear, P.W.10 ran away but accused No. 1 chased him and poked on his back with the same spear, due to which he fell down. Meanwhile, accused No. 2 along with child in conflict with law came there and beat P.W.10 with an iron rod. When accused No. 1 also tried to poke P.W.1, she bent her head, due to which she received bleeding injury on her head. Later, P.Ws.1 and 10 were shifted to Government General Hospital, Nellore.
On the same day at about 5 p.m., P.W.1 went to police station and gave a report.
P.W.12-the then Sub Inspector of Police, Kovur Police Station, received Ex.P1 from P.W.1 and registered a case in crime No. 142 of 5 2015 under Sections 302 and 307 IPC. He issued copies of FIR to all the concerned. Ex.P22 is FIR.
On receipt of information, P.W.11-the then Inspector of Police, Kovur Circle, took up investigation and proceeded to the village. He prepared Ex.P7-A-observation report in the presence of P.W.10 and another. He also prepared Ex.P13-rough sketch at the scene of offence. He got the scene photographed under Exs.P14 to P20. On 06-07-2015, he held inquest over the dead body of deceased No. 1 in the presence of P.W.8 and another. Ex.P8 is inquest report of deceased No. 1. He also held inquest over the dead body of deceased No. 2 in the presence of P.W.8 and another. Ex.P9 is inquest report of deceased No. 2. During the course of inquest, he recorded statements of P.Ws.1 to 4 and 7. He sent the dead bodies of deceased Nos. 1 and 2 for conducting post mortem examination.
P.W.13-Civil Assistant Surgeon, Community Health Centre, Kovur, conducted autopsy over the dead body of deceased No. 1. He opined that the cause of death was due to rupture of left upper lobe and aorta caused by stab injury. He accordingly issued Ex.P24-post mortem certificate of deceased No. 1. He also conducted autopsy over the dead body of deceased No. 2. He opined that the cause of death was due to hypovolemic shock due to stab injury of left side of neck. He 6 accordingly issued Ex.P25-post mortem certificate of deceased No. 2. He also examined P.W.1 and issued Ex.P23-wound certificate.
P.W.9-Casualty Medical Officer, Simhapuri Hospital, Nellore, examined P.W.10 and issued Ex.P12-wound certificate.
On 06-07-2015, P.W.11 recorded statement of P.W.10 at Simhapuri Hospital, Nellore. Thereafter, he went to the scene of offence and recorded statements of P.Ws.5 and 6. On 09-07-2015, on credible information, he arrested both the accused and child in conflict with law at Kovur in the presence of P.Ws.8 and 10 under Ex.P10-panchanama. On the confession made by the accused, he recovered M.Os.5 to 9 in the presence of P.Ws.8 and 10 under Ex.P11-panchanama. He forwarded the material objects to Andhra Pradesh Forensic Science Laboratory, Hyderabad (for short, 'A.P.F.S.L.'), for chemical analysis. Ex.P21 is A.P.F.S.L. Report.
After completion of investigation, the successor of P.W.11, who was examined as P.W.14, filed charge sheet.
7. In support of its case, the prosecution examined P.Ws.1 to 14 and got marked Exs.P1 to P25 apart from exhibiting M.Os.1 to 9. 7
8. When the accused were examined under Section 313 Cr.P.C., they denied the incriminating material appearing against them and reported no oral evidence, however got marked Exs.D1 to D3.
9. Accepting the evidence of P.Ws.1 and 10 coupled with the medical evidence of P.Ws.9 and 13 along with Exs.P12 and P23 to P25, the trial Court convicted accused Nos. 1 and 2 as stated supra.
10. Smt. Aishwarya Nagula, learned counsel, representing Sri H.Prahalada Reddy, learned counsel appearing for the appellant- accused No. 1, would contend that it is the prosecution party who went to the house of accused Nos. 1 and 2 and quarrelled with them and accused Nos. 1 and 2 never had any intention to kill the deceased and that it is only P.W.1 and deceased No. 1 came to the house of accused Nos. 1 and 2 and altercated with them and during the course of altercation, on the provocation given by P.W.1 and deceased No. 1, accused No. 1 attacked both the deceased and that therefore there was no intention on the part of accused Nos. 1 and 2 to kill deceased Nos. 1 and 2. Learned counsel would further contend that the evidence of P.Ws.1 and 10 does not inspire confidence and therefore no reliance can be placed on their evidence. Learned counsel therefore prays this Court to allow the appeal by setting aside the conviction and sentence recorded against the appellant-accused No. 1.
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11. On the other hand, learned Additional Public Prosecutor appearing for the respondent-State vehemently opposed contending that the accused caused death of two persons apart from causing injuries to P.Ws.1 and 10 and that P.Ws.1 and 10 are injured witnesses and that therefore their presence cannot be disbelieved. He therefore seeks for dismissal of the appeal.
12. We have carefully analyzed and scrupulously scrutinized the entire evidence on record.
13. Admittedly, P.Ws.1 and 10 are injured witnesses. P.Ws.9 and 13- Medical Officers categorically deposed about the injuries received by P.Ws.1 and 10. Exs.P23 and P12-wound certificates would clinchingly establish the receipt of injuries by P.Ws.1 and 10 respectively.
14. According to the case of prosecution, motive for accused Nos. 1 and 2 to attack P.W.1 on 04-07-2015 was that husband of P.W.1 had illegal intimacy with the daughter-in-law of accused No. 2 by name Anusha. The evidence of P.Ws.1 and 10 is crystal clear that on 04-07-2015 between 5 and 6 p.m. while P.W.1 was returning from attending coolie work and when she reached in front of the house of accused Nos. 1 and 2, both of them stopped her and made Anusha to attack P.W.1; that the said Anusha beat P.W.1 on the instigation of accused Nos. 1 and 2; that immediately, P.W.1 returned home and 9 narrated the incident to her father-deceased No. 1; that on the next day i.e. on 05-07-2015 at about 2 p.m., P.W.1 along with deceased No. 1 went to the house of accused Nos. 1 and 2 and questioned them with regard to the previous day's incident; that while they were questioning accused No. 2, accused No. 1, armed with a spear, suddenly came out of the house and poked deceased No. 1 who died on the spot; that hearing the cries of P.W.1, deceased No. 2 came there and accused No. 1 also poked deceased No. 2 with the same spear on his neck who also died on the spot and that accused No. 1 also attacked them with the same spear and they received injuries at the hands of accused No.
1. The evidence of P.Ws.9 and 13 corroborates with the evidence of P.Ws.1 and 10 about they receiving injuries at the hands of accused No.
1. Though P.Ws.2 to 7 did not support the case of prosecution, the evidence of P.Ws.1 and 10, who are injured witnesses, is sufficient to establish that accused No. 1 caused the death of both the deceased and also caused injuries on P.Ws.1 and 10.
15. The prosecution is able to prove the guilt of accused No. 1 beyond reasonable doubt with the evidence of P.Ws.1 and 10 coupled with the medical evidence. As such, there are no grounds to interfere with the conviction and sentence recorded against the appellant- accused No. 1 by the trial Court.
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16. In the result, the criminal appeal is dismissed, confirming the conviction and sentence recorded against the appellant-accused No. 1 by judgment dated 02-08-2017 in Sessions Case No. 128 of 2016 on the file of the Court of learned IV Additional District and Sessions Judge, Nellore, S.P.S.R. Nellore District. As the appellant-accused No. 1 has been released on bail by this Court by order dated 14-11-2022 in I.A.No. 1 of 2022, in terms of the order dated 02-11-2016 passed by a Division Bench of the Composite High Court for the State of Telangana and the State of Andhra Pradesh in Batchu Ranga Rao and others Vs. State of Andhra Pradesh, represented by its Public Prosecutor (Crl.A.M.P.No. 1687 of 2016 in Crl.A.No. 607 of 2011), he is directed to surrender himself before the Superintendent, Central Prison, Nellore, S.P.S.R. Nellore District, to serve out the remaining part of sentence, failing which learned IV Additional District and Sessions Judge, Nellore, S.P.S.R. Nellore District, shall take necessary steps in accordance with law. Pending miscellaneous applications, if any, shall stand dismissed in consequence.
___________________ K.SURESH REDDY, J.
_______________________
Date: 09-05-2025, Dr.Y.LAKSHMANA RAO, J.
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HON'BLE SRI JUSTICE K.SURESH REDDY
AND
HON'BLE Dr. JUSTICE Y.LAKSHMANA RAO
CRIMINAL APPEAL No. 1228 OF 2017
(Judgment of the Division Bench delivered by
Hon'ble Sri Justice K.Suresh Reddy)
DATE: 09TH MAY, 2025
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