Research › Search › Judgment

Andhra High Court · body

2000 DIGILAW 368 (AP)

Menumanthu Krishna @ Hanumanthu v. State

2000-06-07

D.S.R.VERMA

body2000
RAMESH MADHAV BAPAT, J, J. ( 1 ) THE sole accused in Sessions Case No. 34 of 1998, which was tried by the learned sessions Judge, East Godavari District at rajahmundry, is the appellant herein. The appellant/accused was tried by the learned judge for an offence punishable under section 302 of Indian Penal Code. On evidence, the learned Judge came to the conclusion that the prosecution has been able to establish the guilt of the accused beyond reasonable doubt, and therefore, proceeded to convict him and sentenced him to suffer rigorous imprisonment for life. Aggrieved by the said order, the present appeal has been filed. ( 2 ) THE prosecution story can briefly be narrated as follows: the accused and the material prosecution witnesses are residents of chelluru village. P. W. 2 is the village servant of the said village, P. W. 3 happened to be the daughter of the deceased aged about 12 years, P. W. 4 is a panshop owner, P. W. 5 is the younger sister of the deceased, P. W. 6 is the Village Administrative Officer of chelluru village, P. W. 7 is the Doctor who conducted autopsy over the dead body. ( 3 ) IT is alleged by the prosecution that the accused and deceased were doing cooli work, the accused was suspecting the character of the deceased. He always felt that she had some illicit intimacy with somebody and therefore, he had decided to get rid of her. ( 4 ) IT is the further case of the prosecution that on 16-11-1997 at about 10. 00 a. m, the accused, his deceased wife and their daughter P. W. 3 were in the house. At about 10. 00 a. m. the accused told his daughter-P. W. 3 to getidly and tea for all. The daughter of the accused went to the idly shop, but she returned within a short time as idly was not available, she could get only tea. While she was returning to house, she saw the accused coming out of the house shouting that he killed his wife. At the same time, P. W. 1 who was a business man having a tent house shop near by the house of the accused was present when the accused shouted that he killed his wife. While she was returning to house, she saw the accused coming out of the house shouting that he killed his wife. At the same time, P. W. 1 who was a business man having a tent house shop near by the house of the accused was present when the accused shouted that he killed his wife. Then P. W. 1 with the help of P. W. 2 caught hold of the accused and handed over him to some other villagers. P. W. 1 went to report the matter to the Police. At the same time, the daughter of the accused i. e. , P. W. 3 questioned the accused as to why his clothes were stained with blood. Then the accused informed that he killed her mother. P. W. 3 went into the house and saw that her mother was lying in a pool of blood with injuries on her neck. She tried to administer the water, but the deceased could not swallow the water and the water came out of the mouth. ( 5 ) IT is further stated by the prosecution that when P. Ws. 1 and 2 caught hold of the accused they sent a word to P. W. 6, who happened to be the Village Administrative officer, and informed about the incident. P. W. 6 questioned the accused as to why he killed his wife. Then accused alleged to have confessed before him that he killed his wife suspecting her character ( 6 ) P. W. 6 drafted the First Information report-Ex. P-1 and it was sent to Rayavaram police Station. Thereafter, the Inspector came to the scene at about 2. 00 p. m. and inspected the scene of offence in the presence of P. W. 6. Ex. P-2 is the observation report, which was done by the Investigating Officer in the presence of P. W. 6. ( 7 ) P. W. 8 registered the case in Crime no. 97/97 against the accused under section 302 of the Indian Penal Code. P. W. 9- inspector of Police, Anaparthy, on information proceeded to Chelluru village, reached there at 2. 50 p. m. and he prepared the observation report- Ex. P-2 and seized m. Os. 3, 6 and 7 from the scene of offence. He prepared Ex. P-7-rough sketch of the scene of offence. P. W. 9- inspector of Police, Anaparthy, on information proceeded to Chelluru village, reached there at 2. 50 p. m. and he prepared the observation report- Ex. P-2 and seized m. Os. 3, 6 and 7 from the scene of offence. He prepared Ex. P-7-rough sketch of the scene of offence. He held inquest over the dead body of the deceased in the presence of P. W. 6. Ex. P-6 is the inquest report. He recorded the statements of various witnesses. The seized articles were sent to Chemical Analyst. ( 8 ) P. W. 7-CIVIL Assistant Surgeon conducted autopsy over the dead body of the deceased on 7-11-1997 and found eleven external injuries on the person of the deceased. He issued post-mortem certificate-Ex. P-5. According to the doctor, the cause of death is due to multiple injuries and shock and haemorrhage and P. W. 6 on completion of investigation filed the charge-sheet. ( 9 ) IN order to establish the fact that the death of the deceased is homicidal, the prosecution relied upon the evidence of p. W. 8-S. I. of Police and P. W. 6-V. A. O. The s. I. of Police conducted inquest over the dead body of the deceased in the presence of p. W. 6. Ex. P-3 is the inquest report. After inquest was completed, the dead body was sent to Civil Assistant Surgeon, Government hospital, Ramachandrapuram. On receipt of the requisition from the Inspector of police, Anaparthi, P. W. 7conducted autopsy over the dead body on 17-11-1997 and noticed the following external injuries on the deceased person: (1) An incised injury of about 1" x 1/ 4 cm. brow deep skin and subcutaneous tissue left hypochardrium abdomen, sharp edges; c/s ante-mortem injury transversely. (2) An incised injury of about 1" x 1/ 4 cm. brown, deep skin and subscutaneous tissue vertically right hypochardrium. Abdomen c/s ante mortem. (3) A semi circular incised injury of about 3" x 1/2 cm. brown sharped edges. Left forearm middle 1/3 External aspect c/s ante mortem. (4) An incised injury of about 2" x1/2 cm. brown obliuely left leg 2" above laternal aspect, Ante mortem. (5) An incised injury of about 11/2" x 1/2 cm. brown, sharp edges deep above collar bone, neck lower aspect near root. 1" laternal to mid sternal line deep muscle area cut section ante mortem. (6) An incised injury of about 21/2" x 1/2" cm. brown obliuely left leg 2" above laternal aspect, Ante mortem. (5) An incised injury of about 11/2" x 1/2 cm. brown, sharp edges deep above collar bone, neck lower aspect near root. 1" laternal to mid sternal line deep muscle area cut section ante mortem. (6) An incised injury of about 21/2" x 1/2" cm. deep skin subcutaneous tissue and inter costal muscles obliquely back of left chest 1" lateral to mid spinal line between 9th and 10th ribs. (7) An incised injury about 1" 1/2 cm brown, deep skin subcutaneous and muscular area. Right upper arm lateral aspect. (8) An incised injury about 3" x 1" deep skin area muscle, bone, right palmer aspect. Little toe proximal area to wrist area, bones expose ante mortem. (9) An incised injury of about 2" x 1/2" brown deep obliquely left palm between index finger and thumb. Bone exposed ante mortem. ( 10 ) AN incised injury of about cutting 3/4" width, left ring finger distal pharynx. ( 11 ) TIP of middle finger left 1/2 of the nail cutted oral obtact brown ante mortem. According to his opinion, the injuries are ante mortem in nature and a sharp edged weapon could cause all the injuries. 10. On internal examination he noticed the following injuries: blood vessels of left side neck of lower aspect on injured and cutted. Left carotid artery and other blood vessels arteries and veins cutted near the neck injury left side and deeper tissues. Inter castal muscles cutted. 9th rib left side cut posterior aspect of about 1/2 cm. lower aspect corresponding to external injury No, 6. Inter costal muscles cutted-surrounding blood clots. Other ribs intact. Lungs - intact pleura left side cutted; upper lobe, upper aspect corresponding to external injury no. 5. Blood of about 50 c. c. present in the left thoracic cavity; fracture of right metacarpal bone; little toe corresponding to external injury No. 8; fracture of the left metacarpal index finger corresponding to injury No. 9; fracture distal phalynx left ring finger. 11. Accordingly he issued the postmortem certificate-Ex. P-5. He further opined that the deceased died because of multiple injuries within 12 to 24 hours prior to the post-mortem examination. ( 12 ) CONSIDERING the evidence relied upon by the prosecution on the point of homicidal death, we hold that the prosecution did prove that the deceased dead due to the injuries. Accordingly he issued the postmortem certificate-Ex. P-5. He further opined that the deceased died because of multiple injuries within 12 to 24 hours prior to the post-mortem examination. ( 12 ) CONSIDERING the evidence relied upon by the prosecution on the point of homicidal death, we hold that the prosecution did prove that the deceased dead due to the injuries. ( 13 ) ADMITTEDLY there are no eyewitnesses to the case. The evidence relied upon by the prosecution is in the form of extra judicial confession alleged to have been made by the accused in the presence of p. Ws. 1, 2 and P. W. 6. P. W. 1 happened to be the businessman having his tent house near by the house of the accused. P. W. 2 happened to be village servant and P. W. 6 happened to be the Village Administrative Officer. On the day of incident i. e. , on 16-11-1997 between 10. 00 to 10. 30 a. m. P. W. 1 stated that he was proceeding to his shop from his house at chelluru and at that time the accused was coming from the house and he was crying loudly that he killed his wife with a sickle. At the same time one girl aged about 11 years came there and accused informed her that he killed her mother. When the accused was making a confessional statement, P. W. 1 and p. W. 2 were also present. P. W. 2 happened to be the village servant of Chelluru. He has also heard the accused saying that he killed his wife with a sickle. The evidence of p. Ws. 1 and 2 inspires confidence because the fact that there was no time gap for p. Ws. 1 and 2 to make any improvement or to make any false implication in this case immediately after the confession was made by the accused. P. Ws. 1 and 2 caught hold of the accused and he was taken to Village chavidi and other villagers were made to watch over him. P. Ws. 1 and 2 informed the incident to P. W. 6 and he proceeded to the scene of offence. Thereafter he proceeded to chavidi and questioned the accused as to what happ ened. At that time also the accused alleged to have made a confession before P. W. 6 that he killed his wife suspecting her character. P. Ws. 1 and 2 informed the incident to P. W. 6 and he proceeded to the scene of offence. Thereafter he proceeded to chavidi and questioned the accused as to what happ ened. At that time also the accused alleged to have made a confession before P. W. 6 that he killed his wife suspecting her character. P. W. 6 drafted a report-Ex. P-1 and it was given to Police station and on the strength of the report the police registered a crime. ( 14 ) IT further appears in the evidence of p. W. 3, who happened to be the minor daughter of the deceased that when she made a querry with her father as to why his clothes were stained with blood her father i. e. , accused alleged to have confessed before her that he killed her mother. The girl had no reasons to make false implications of her father in the murder case. The entire episode took place within a very short time. When p. Ws. 1 and 2 went to the house they found dead body of the deceased lying in a pool of blood with sickle injure on her neck and sickle was lying nearby. ( 15 ) THE learned Counsel Mr. Mummaneni Srinivasa Rao, appearing on behalf of the accused submitted at the Bar that the sickle was stained with blood according to the version of the witnesses, but whereas the Forensic Laboratory report shows that there was no blood detected on the sickle, and therefore, submitted at the bar that the theory put forward by the prosecution witnesses has to be disbelieved. We axe not in agreement with the submission made by the learned Counsel. For whatever reason, the blood was not detected on the sickle, but the fact remains that the clothes of the deceased were stained with blood and accused clothes i. e. , lungi and shirt were also stained with blood and both the blood found on lungi and saree is of human origin and has been found to be of group a . This fact itself is sufficient to prove the presence of the accused at the scene of offence and it can be called as a corroborative piece of evidence as the entire episode had taken place within a short time. This fact itself is sufficient to prove the presence of the accused at the scene of offence and it can be called as a corroborative piece of evidence as the entire episode had taken place within a short time. ( 16 ) CONSIDERING the above circumstances, we are of the considered view that P. Ws. 1, 2, 3 and also 5 and 6 who happened to be the Village Administrative officer have spoken to the effect that the accused made a confession confessing to have killed his wife. All these witnesses are independent. Their version corroborates the further version of finding of the dead body at the scene of offence immediately after the occurrence. The third corroboration, which is urged by the prosecution, in this case is finding of bloodstains having the same blood group on the clothes of the deceased as well as on the clothes of the accused. ( 17 ) UNDER these circumstances we find no reasons to interfere with the order of the conviction recorded by the learned Sessions judge. Accordingly, the appeal is dismissed.