GUVALA CHINA VENKATESU Vs. STATE OF ANDHRA PRADESH
LAWS(SC)-1990-12-60
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on December 05,1990

GUVALA CHINA VENKATESU Appellant
VERSUS
STATE OF ANDHARA PRADESH Respondents


Cited Judgements :-

SHAMIMA RIZVI VS. SYED BADSHAH HUSSAIN RIZVI [LAWS(ALL)-1995-9-56] [REFERRED TO]


JUDGEMENT

- (1.)T:- Guvala China Venkatesu and Belia Pedda Narayana were the appellants in this appeal. Bella Pedda Narayana is said to be dead and his appeal has,.therefore, abated. The first appellant, who was accused No. 2, stands convicted under Section 302/ 34, I.P.C. and sentenced to life for having committed the murder of Lekireddy Kondareddi. The learned Courts below relied on the evidence of P.Ws. 1, 2 and 4. Mr. Madhavi Reddy, learned Counsel for the appellant mainly assails the evidence of P.W. 4, the Sanitary Inspector R. Subbareddy. The murder was committed on 7-12-1975 on the 2nd road in Anantapur town at about 8 a.m. P.W.-4 categorically said that he went to the cycle shop of P.W.-3 J. Venkataramana which was situated at about 18 yards from the place of occurrence, for getting his cycle tyres inflated. He fully corroborates P.W.-1 and P.W.-2. Before the murder P.W.-1 accompanied the deceased but fell few paces behind to ease himself. P.W.-1 has given a graphic description of how the accused persons came armed with axes and sticks from the nearby lane and attacked the deceased on the 2nd road of Anantapur. He categorically deposed that the appellant cut the deceased on the back side of the head with the sharp portion of his axe. P. W. 2 also said that the appellant cut the deceased on the back side of the head with his axe. Thereafter as the deceased fell down, others including the appellant surrounded and assaulted the deceased with their weapons. P.W.-2 happened to be present on the payal of the nearby House of P.W.-6. P.W.4 deposed that the man, whom he later identified at the TIP, cut the back portion of the head of the deceased with his axe. When the deceased fell down face downwards all the assailants surrounded and hit the deceased 4 or 5 times. His deposition is wholly corroborative of P.W,-1 and P.W.-4. As a result, we find the wholly corroborative evidence ofP.Ws. 1, 2 and 4.
(2.)The following are the l2 in juries on the body of the deceased:
1.An incised wound 3" x 1/2" x bone deep behind left ear closely. Transverse on left mastoid region.

2. An incised wound 3" x 1/2" x bone deep blood clots present transverse above injury No. 1.

3. An incised wound 1" x 1/4" x vertical bone deep at the, posterior ends of injuries Nos., 1 and 2 blood clots present.

4. An incised wound 3' x 3/4' bone deep V above injury No. 2 brain matter protruding from the injury communicated fracture of temporal and occipital bones seen through the wound.

5. An incised wound 4" x 1/2" x bone deep 1/2" above injury No. 4. Brain matter protruding from the injury. Communicated fracture of occipital bone.

6. An incised wound 3" x 1/2" transverse bone deep extending to left eye lids.

7. A contusion 2" in diameter over left side of forehead extending to left eye lids.

8. A contusion 3" in diameter on right parietal region with an abrasion over it.

9. An abrasion 1" x 1/2" on right side of forehead.

10. An abrasion 1" in diameter over left knee on front.

11. An abrasion 2" x 1" over right knee on front.

12. Fluid blood discharge from left ear.

(3.)The doctor has specifically said that the Injuries Nos. 4, 5 and 8 could be fatal. From the nature, situs and description of the injuries 4, 5 and 6 including the fractures on their impact, it appears that at least any one of these injuries could have been caused by the appellant. There is no specific statement as to whether any of the other injuries was also caused by the appellant, but there is definite evidence that after the deceased fell down face downwards, the appellant and other assailants continued to hit him with their weapons.
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