KONDEPUDI RAMAM Vs. STATE
HIGH COURT OF ANDHRA PRADESH
IN RE: KONDEPUDI RAMAM
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Ananthanarayana Ayyar, J. -
(1.) In Session Case No. 27 of 1962, the learned Sessions Judge, Rajahmundry convicted the sole accused, Kondepudi Ramam of an offence Under Section 302 I. P. C. and sentenced him to imprisonment for life, He also recorded in his judgment as follows: "I strongly feel that this is a fit case for recommending to the State Government Under Section 27, Madras Children Act (IV of 1920) for orders of the State Government, is no punishment under the provisions of the Madras Children Act would suffice. The accused shall be Kept in safe custody in the Central Jail at Rajahmundry and the case shall be reported for the orders of the State Government to be passed as required Under Section 27 of the Madras Children Act, 1920". Accordingly the accused has continued to be In the Central Jail at Rajahmundry. No orders have been passed so far by the Government Under Section 27 of the Madras Children Act, 192O. But, the accused fiied this appeal against his conviction and sentence.
(2.) This is an unfortunate case of a young student of a school having been fatally stabbed by another student at the threshold of a class room. The prosecution evidence, supported by twenty witnesses, is to the following, effect.
(3.) Anupoji Varahanarasimhachari (hereinafter referrad for convanience as deceased) and the accused were students studying in B Section of Class XI in M. S. L. N. C. M. P. School at Kakinada. They were on cordial terms. As usual, they went to attend the class on 12-4-1952 which was the last day before the beginning of the summer vacation. The deceased was sitting in the1 third row along with P. W. 2 and other students. The accused was sitting as usual in the fourth row along with P. W. 4, P. W. 10 and other students. The deceased was a strong and well-built young lad of 18 years and was also the leader of the class. In such capacity, he had to maintain discipline among the students at times when not teacher was present in the class. The working hours were from 7 a.m. to 11-15 a.m., divided into five periods with intervals as follows: 1st period7 a. m. to 7-40 a. in. Interval7-40 a. n. to 7-45 a. m.. 2nd period7-45 a. m. to 8-25 a. m. Interval8-25 a. m. to 8-30 a. m. 3rd period8-30 a. m. to 9-10 a. m. Interval9-10 a. m. to 9-25 a. m. 4th period9-25 a. m. to 10-10 a. m. Interval10-10 a. m. to 10-15 a. m. 5th period10-15 a. m. to 11 a. m. The deceased was also Secretary of the Red Cross Association in the school and sat in a photograph of persons-connected with that association. That day, he kept on his desk some copies of that photograph in which himself, the Headmaster (P. W. 3) and others were present. In the interval between the first period and the second-period, the deceased went to the dais to maintain discipline among the students. During that short period of his absence from the seat, the accused extracted from the deceased's desk one of the photo copies (M. O. 4). The History teacher duly arrived at 745 a.m. and deceased went back to his seat. While the History teacher was teaching history, the accused was busy disfiguring the photograph by applying dots on the fore-heads of some of the students including girls and putting a namam an the forehead of the Headmaster. The History class duly came to an end at 8-25 a.m. and an interval fallowed.;
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