POTHAKAMURI SRINIVASULU MOOGA SUBBAIAH Vs. STATE OF ANDHRA PRADESH
SUPREME COURT OF INDIA
POTHAKAMURI SRINIVASULU AND MOOGA SUBBAIAH
STATE OF ANDHRA PRADESH
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R. C. Lahoti, J. -
(1.)This appeal by special leave preferred by the sole accused-appellant lays challenge to his conviction under Sections 302 and 397, IPC by Additional Sessions Judge, Ongole, maintained in appeal by the High Court. The sentence passed on the appellant is imprisonment for life with a fine of Rs. 500/-, in default to suffer simple imprisonment for one year, for offence under Section 302, IPC and rigorous imprisonment for seven years for offence under Section 397, IPC.
(2.)The prosecution case found proved by the trial Court and the High Court is that the deceased Venkayamma alias Rathamma, age about 70 years, resident of village Edugundlapadu (P. S. Maddipadu) was collecting the branches of trees at about 10 a.m. on 8-7-1994 in the garden known as 'Subabul Garden' belonging to PW-4. The accused who was employed as watchman by the owner of the garden came to the garden and found the deceased alone. She was wearing bangles which assuming to be of gold were asked for by the accused which the deceased refused to give saying that the same were of brass. Then the accused demanded the pair of ear studs which the deceased was wearing. She refused to part with the ear studs. The accused picked up a piece of stone and with it hit on the head of the deceased as a result of which she fell down. The accused took the sickle from the deceased and inflicted injuries on the person of the deceased with sickle. He also cut the ear lobes of the deceased with the sickle so as to remove the ear studs. In this process the clothes of the accused got stained with blood. The accused then left the garden. While leaving the garden he was noticed by PW-2, another watchman of the garden, and PW-3, a shepherd. At the same time PWs-2 and 3 heard some noise emanating from inside the garden whereupon they entered the garden and found the deceased lying injured. On questioning, the injured narrated the incident as had taken place with her and naming the accused-appellant. PW-1 is the sister of the deceased living in the same village who also rushed to the place of the incident upon learning about the incident. To her also the deceased narrated what had happened to her. The deceased named the accused to PW-1 also. The injured was removed to Government hospital, Ongole and admitted for treatment. PW-10, the duty doctor found the following injuries on the person of Venkayamma:
1. Incised wound 1" x 1/4". 3" below right ear. Blood oozing from it.
2. Cut injury 1" x 1/2" in lower part of both ears. Ear lobes lost.
3. Red contusion 6" x 4" right side of the neck.
4. Red contusion 2" x 2" on right side of the head 4" above right ear.
5. Contusion 2" x 1" at left eye.
(3.)Venkayamma, when examined by the doctor, was unconscious. She was unable to speak and was not moving her left upper and lower limbs. Two days thereafter she died. The post-mortem examination confirmed a number of injuries having been suffered by the deceased internally consequent upon the external injuries. In the opinion of the doctor performing post-mortem, contusions on the person of Venkayamma could have been caused by stone while incised wound and cut injury could have been caused by sickle. The head injury was the cause of death.
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