Andhra Pradesh High Court - Amravati
Pallela Yerrappa Venkatramana Prasad, ... vs Thestate Of Andhra Pradesh, Rep Pp., on 22 October, 2024
Author: K. Suresh Reddy
Bench: K. Suresh Reddy
1 KSR, J & SRK,J
Crl.A.No.246 OF 2017
IN THE HIGH COURT OF ANDHRA PRADESH ::
AMARAVATI
TUESDAY, THE TWENTY SECOND DAY OF OCTOBER,
TWO THOUSAND AND TWENTY FOUR
SPECIAL DIVISION BENCH
PRESENT
THE HONOURABLE SRI JUSTICE K. SURESH REDDY
AND
THE HONOURABLE SRI JUSTICE K.SREENIVASA REDDY
CRIMINAL APPEAL NO: 246 OF 2017
JUDGMENT
(Per Hon'ble Sri Justice K. Suresh Reddy) Sole accused in Sessions Case No.100 of 2014 on the file of the Court of the learned XI Additional District and Sessions Judge, Piler, Chittoor District, is the appellant in the present Criminal Appeal. He was tried and convicted by the learned Additional Sessions Judge under Section 302 IPC and was sentenced to suffer imprisonment for 'Life' and also to pay a fine of Rs.5,000/- (Rupees Five Thousand only), in default to suffer simple imprisonment for a period of two months.
2. The substance of the charge is that on 26th March, 2013, at about 12.00 Noon the accused administered 10 CG Phorasaan insecticide (Rat Poison) by mixing it in a cool drink to one R. Ganesh (herein after referred to as 'the deceased'), who is aged 2 KSR, J & SRK,J Crl.A.No.246 OF 2017 about 8 years at Government School, Indiramma colony, Kalikiri, causing his death, thereby committed the offence punishable under Section 302 IPC.
3. Case of the prosecution, briefly, is as follows:-
(i) P.W.1 is the mother of the deceased. P.W.2 is the brother, P.W.3 is the father, P.W.4 is the mother, P.W.5 is the relative of P.W.1 respectively. P.W.1 is eking out her livelihood by doing coolie work and she is residing at Indiramma Colony, Kalikiri in a rented house. About 12 years prior to the incident, P.W.1 got married to one R. Narayana and they were blessed with a son (the deceased) and a daughter. The deceased was studying third class in MPP School at the time of incident. Due to some disputes, P.W.1 and her husband are residing separately. After separation, P.W.1 acquainted with the accused and started living with him. About two (2) years prior to the incident, the accused asked P.W.1 for an amount of Rs.15,000/-.
Then P.W.1 borrowed the said amount from P.W.15 and another and gave it to the accused. Whenever P.W.1 insisted for repayment of the said amount, the accused used to quarrel with her.
(ii) While so, on 25.3.2013, P.W.1 altercated with the accused for repayment of the said amount as she has to repay the same to P.W.15 and another. While so, on 26.3.2013, at about 11.00 A.M. the accused came to the house of P.W.1. As the accused did not 3 KSR, J & SRK,J Crl.A.No.246 OF 2017 bring money, there ensued a quarrel between both of them and the accused abused P.W.1 and threatened her with dire consequences. Thereafter, the accused went to MPP School, where the son of P.W.1 was studying. He requested permission from P.W.10-the Head Master, for taking the deceased outside. After obtaining the willingness of the deceased, P.W.10 sent him along with the accused. In the meanwhile, the accused purchased phorate poison (rat poison) from the shop of P.W.14 and also cool drink from the shop of P.W.6 and after mixing the poison in the cool drink he persuaded the deceased to consume the same. Thereafter, the accused left the school. After consuming the cool drink, the deceased went to the school and after sometime he developed vomiting. Immediately, some of the children went to P.W.1 and informed her that the deceased was vomiting in the school. Immediately P.W.1 went to the school and found the deceased was vomiting in the school. She observed poisonous smell from the mouth of the deceased. When she enquired the deceased, he informed P.W.1 stating that the accused made him to consume cool drink inspite of his objection stating that some poisonous smell is coming. Immediately, P.W.1 took her son to Government hospital, Kalikiri, where the deceased died while undergoing treatment at about 1.00 A.M. 4 KSR, J & SRK,J Crl.A.No.246 OF 2017
(iv) Immediately, she went to Kalikiri Police station and gave a report to the police. P.W.24-Sub-Inspector of Police having received Ex.P1 from P.W.1, registered the same as a case in Crime No.22 of 2013 under Section 302 IPC and issued copies of FIRs to all the concerned. Ex.P13 is the copy of FIR. Thereafter, he informed the same to the Inspector of Police- P.W.25. Having received the information, P.W.25, went to Government hospital, Kalikiri and found the dead body of the deceased. He held inquest over the dead body of the deceased in the presence of the mediators, which is marked as Ex.P14. Thereafter, he went to the scene of offence and prepared a rough sketch under Ex.P15. He also prepared scene observation report under Ex.P16 in the presence of P.Ws. 19 and 21. On 27.3.2013, he visited Indiramma Colony, examined P.Ws 10 to 16 and recorded their statements. He sent the dead body for conducting post-mortem examination.
(v) P.W.23-Civil Assistant Surgeon, Government Hospital, Kalikiri conducted autopsy over the dead body of the deceased and opined the cause of death was due to phorate insecticide poison. He issued Ex.P10- post-mortem certificate under and Ex.P11-final opinion.
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(vi) On 10.4.2013, at about 11.00 A.M. P.W.25 arrested the accused at Kalikiri, Kalakada Cross road in the presence of P.W.22 and another under a panchanama -Ex.P9. On the confession made by the accused, P.W.25 recovered Frooti cool drink bottle (MO1) near Indiramma Colony under a panchanama -Ex.P8. He sent MO1 along with other material objects to RFSL for Chemical analysis. RFLS Report is marked as Ex.P12. After completion of investigation, P.W.25 filed charge sheet.
4. In support of its case, the prosecution examined PWs.1 to 25, got marked Exs.P-1 to P-16, apart from marking MOs.1 to 5.
5. When the accused was examined under Section 313 Cr.P.C., he denied the incriminating evidence found against him from the prosecution witnesses but he did not choose to examine any witness on his behalf. But, got marked Exs.D-1 to D-5 (Portions of 161 Cr.P.C. statements of hostile witnesses)
6. Accepting the evidence of prosecution witnesses, the learned Additional Sessions Judge convicted the appellant as aforesaid.
7. Now the point for consideration is;
Whether the prosecution has proved the guilt of the appellant beyond all reasonable doubt or not?
6 KSR, J & SRK,J Crl.A.No.246 OF 2017
8. To prove the relationship between P.W.1 and the accused, the prosecution adduced the evidence of P.Ws 1 to 5. All these witnesses have specifically stated that the accused borrowed an amount of Rs.15,000/- from P.W.1 and he is not repaying the said amount to her. Apart from P.Ws 1 to 5, the prosecution also examined P.W.15 to show that P.W.1 borrowed money from P.W.15. After borrowing Rs.15,000/- from P.W.15 and another, P.W.1 lent the same to the accused. The evidence of P.Ws 1 to 5 is crystal clear that on 25.3.2013 and also on 26.3.2013 there was an altercation took place between P.W.1 and the accused with regard to the repayment of money. It is also crystal clear from their evidence on 26.3.2013 at about 11.00 A.M., the accused came to the house of P.W.1 and threatened her with dire consequences. Apart from the evidence of P.Ws. 1 to 5 and 15, the prosecution also examined P.Ws 11, 12 and 13 who are neighbours of P.W.1. They also stated about borrowing of Rs.15,000/- by the accused from P.W.1 and also quarrelling of the accused with P.W.1. As such, the prosecution is able to prove the motive for the accused to kill the deceased by examining P.Ws 1 to 5, 11, 12, 13 and 15.
9. Coming to the next evidence available on record is the evidence of P.W.6 and P.W.14. According to P.W.6, he is running a petty shop near Elementary School and on the fateful day at about 7 KSR, J & SRK,J Crl.A.No.246 OF 2017 10.30 A.M the accused purchased cool drink from his shop. Though this witness was cross-examined at length, nothing adverse has been elicited by the defence. The prosecution also examined the owner of the pesticide shop i.e. P.W.14 to show that the accused purchased phorate poison (rat poison) from his shop at about 11.00 A.M. or 12.00 Noon. Though this witness was also cross-examined, nothing adverse has been elicited from his evidence. As such, the prosecution is able to prove the factum of purchase of phorate poison and cool drink by the accused on the fateful day at the relevant point of time.
10. Coming to the next evidence available on record, i.e. eye witnesses to the incident, the prosecution examined two (2) students i.e. P.Ws 8 and 9 who were studying in the same school. P.Ws. 8 and 9 who were studying in the same school have clearly deposed that the accused came to the school at the relevant point of time and forcibly administered cool drink to the deceased by holding his neck. P.Ws 8 and 9 clearly stated that after consuming the cool drink the deceased developed vomiting and immediately informed the Head Master -P.W.10. P.W.10- the Head Master also deposed that on the fateful day, at the relevant point of time, the accused came to the school and took his permission to take the deceased outside. P.W.10 after ascertaining the willingness of the deceased permitted 8 KSR, J & SRK,J Crl.A.No.246 OF 2017 him to go out. P.W.10 further stated that after consuming the cool drink the deceased was vomiting and immediately it was informed to P.W.1-mother of the deceased who has taken him to Government hospital. As such, the prosecution is able to prove that it is the accused who administered phorate poison to the deceased by mixing it in cool drink and forcibly made him to consume the same. As such, the prosecution is able to prove the guilt of the accused that the accused made the deceased to consume poison which was mixed in a cool drink.
11. Coming to the medical evidence adduced by the prosecution through P.W.23, he specifically stated that the deceased died due to administering of phorate insecticide poison. As such, the ocular version spoken by P.Ws. 1 to 6, 8 to 10 and 14 is clearly corroborating the medical evidence. Moreover, P.W.25 has recovered the cool drink bottle (MO1) at the instance of the accused in the presence of P.W.22 and another under a cover of panchanama Ex.P8. The said cool drink bottle was sent to RFSL by P.W.25. The RFSL Report- Ex.P12 also confirming the phorate insecticide poison was found in MO1 cool drink bottle. As such the prosecution is able to prove the guilt of the accused beyond all reasonable doubt.
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13. In view of the above facts and circumstances, as the evidence of prosecution witnesses inspires confidence of this Court and as there is nothing to disbelieve their evidence, this Court is of the view that the prosecution has proved the guilt of the appellant/sole accused for the offence punishable under Section 302 IPC beyond reasonable doubt. Therefore, we are of the considered view that the conviction and sentence recorded by the trial Court needs no interference.
14. In the result, the present Criminal Appeal is dismissed confirming the conviction and sentence passed by the learned XI Additional District and Sessions Judge, Piler, Chittoor District, in S.C.No.100 of 2014, dated 23.08.2016.
Miscellaneous petitions, if any, pending in the Criminal Appeal, shall stand closed.
________________________ JUSTICE K.SURESH REDDY ____________________________ JUSTICE K. SREENIVASA REDDY Date: 22.10.2024 GR 10 KSR, J & SRK,J Crl.A.No.246 OF 2017 11 KSR, J & SRK,J Crl.A.No.246 OF 2017 THE HON'BLE SRI JUSTICE K.SURESH REDDY AND HON'BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL APPEAL NO: 246 OF 2017 (per Hon'ble Sri Justice K. Suresh Reddy) Date: 22.10.2024 GR