- (1.) This Criminal Miscellaneous Petition is filed under section 561-A of the Code of Criminal Procedure (referred to hereinafter merely as the Code) seeking the quashing of the charges framed in P.R.C.No. 5 of 1970 on the file of the Judicial Second-class Magistrate, Ongole, against the petitioners under section 302 read with sections 147, 148, 34, 149 and 109, Indian Penal Code by the committal order, dated 26th November, 1970 committing petitioners to Sessions.
(2.) The petitioners were charged by the police with having committed offences punishable under section 302 read with sections 147, 148, 34, 149 and 109, Indian Penal Code. The case of the prosecution was that at about 9 A.M. on the morning of 23rd June, 1970 one by name Srinivasa Rao, the deceased and his brother Ramakrishna were going along the street when the petitioners rushed to the place, of whom petitioners 3 and 4 caught hold of Srinivasa Rao, the deceased the 4th petitioner exhorting the 1st petitioner to stab the deceased, whereupon the 1st petitioner whipped out the pen-knife from his waist and stabbed the deceased on the back and that petitioners 3 and 4 kicked the deceased on the abdomen while petitioners 2, 5, 6 and 7 threatened Ramakrishna to beat him. While being taken in a rickshaw to the Government Hospital, the deceased succumbed to the injuries and died even before the Medical Officer came and saw him.
(3.) The Lady Assistant Surgeon who conducted the post-mortem examination on that very day itself found that the injury on the deceased was a simple one and that it did not cause death and that the death, according to her, might have been due to shock as there were no traces of poison found by the Serologist in the viscera sent to him. The Serologist detected 86 mgs. of ethyl alcohol in the blood sample sent to him.;