Decided on November 30,1954



Rao, C.J. - (1.) The learned Sessions Judge of Chittoor Division has convicted the 1st accused under S. 302, Penal Code, and sentenced him to death. He also convicted the 2nd accused under S 326 read with S. 511, Penal Code, and sentenced him to undergo rigorous imprisonment for two years. The two accused preferred the above appeal against their conviction and sentence.
(2.) The case of the prosecution may briefly be stated. The 1st accused Manirathnam Reddi is the son of the 2nd accused, Narayana Reddi. The deceasedf Kuppi Reddy was Narayana Reddis first cousin. All of them belong to Velkur village. Kuppi Reddis wife was staying with her father in a different village and there was a proposal that Kuppi Reddi should stay with his father-in-law as illatom son-in-law, but Kuppi Reddy was not willing to do so. The 2nd accused supported the father-in-law.This led to estrangement between the members of the two families and the accused were not on taking terms with the deceased. On the evening of 21-9-1953, Kuppi Reddy met the 2nd accuseds wife in the fields and addressed her insultingly and even suggested to her that she should take the place of his wife. On the next morning Kuppi Reddy, his two brothers, P. Ws. 1 and 8 and their mother P. W. 2 went to their field. At about 8 A. M., Kuppi Reddy went to his village tobring in two more coolies. Shortly thereafter, they heard the cries of the deceasedfrom the adjacent vanka. They saw the two accused chasing the deceased.The 1st accused was having a ball-hool and the 2nd accused a gun. When Kuppi Reddys mother caught her son in her arms, Kuppi Reddy pushed her stating that the accused were going to shoot him. The accused were pursuing him closely behind. The 2nd accused took aim to shoot but, as he was unsteady and fumbling, the 1st accused took the gun from his father and shot him hitting him on the left side. Thereafter, the 1st accused ejected the spent cartridge and reloading the gun with a new one left the place along with his father.
(3.) In the 1st accuseds statement, his version is given as follows: After he returned to the village from the College during the vacation, he usded to go to the fields often. On the morning of 22-9-1953, he ent to his paddy field. When he came by the side of the river bank, he heard a noise and when he came to the bank of the river, he saw his father holding a gun and Kuppi Reddy armed with a bill-hook. He also saw Mala Kannadu and Palle Kannadu behind him armed with bill-hooks. Kuppi Reddy was uttering some vulgar terms. Fearing that his father would shoot him, he smatched the gun from his father but the trigger accidentally went off and Kuppi Reddy, who was standing in front, revceived injuries. His defence, therefore, is that there was a quarrel between his father and Kuppi Reddy and that the gun went off accidentally when he attempted to anatch the gun from his father to prevent him from shooting Kuppi Reddy.;

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