METROPOLITAN SESSIONS JUDGE VIJAYAWADA Vs. BOLEM SRINIVASA RAO ALIAS SREENU
LAWS(APH)-1992-6-5
HIGH COURT OF ANDHRA PRADESH
Decided on June 16,1992

METROPOLITAN SESSIONS JUDGE, VIJAYAWADA Appellant
VERSUS
BOLEM SRINIVASA RAO ALIAS SREENU Respondents

JUDGEMENT

Syed Shah Mohammed Quadri, J. - (1.)The sole accused in Sessions Case No. 9 of 1991 on the file of the Metropolitan Sessions Judge, Vijayawada, was tried for the offence under S. 302, I.P.C. for committing the murder of Bolem Sai Babu, hereinafter referred to as 'the deceased', at about 4.30 p.m., on 14/04/1991 when the deceased was about to tap toddy from the palmyra tree of Bolem Raghavulu which is situated on the irrigation channel bund near the field of Kolli Ramakrishna Rao of Mudunuru village. On 23-3-1992 the learned Metropolitan Sessions Judge convicted the accused of the said offence, sentenced him to death by hanging and referred the case to this Court for confirmation of the sentence.
(2.)The accused filed Criminal Appeal No. 292 of 1992 against the judgment of the learned Metropolitan Sessions Judge, dated 23-3-1992. The accused will hereinafter be referred to as 'the appellant'.
(3.)The case of the prosecution is that there is a co-operative society of tappers in Mudunur village. The appellant and one Raghavulu were among its 14 members and the deceased was the President of the said society. The appellant is a close relative of the deceased. The said Raghavulu left the village for eking out his livelihood in Hyderabad city and thus stopped tapping. According to the Bye-laws of the society, if any of the members stops tapping of palmyrah trees, the other members have to share the trees. But the deceased who was the President of the society was tapping the trees of Raghavulu without distributing them among other members. The appellant questioned the deceased about his action in tapping the trees of Raghavulu exclusively on 1-4-1991; but the deceased kicked him and tried to stab him with a knife. On 4-4-1991 at about 4.30 p.m. when the deceased was about to tap the tree of the said Raghavulu, bearing No. 16/23/24, which was situated on irrigation channel bund near the field of Kolli Ramakrishna Rao of Mudunuru village, the appellant objected to the tapping of the trees. That resulted in a quarrel between them. The appellant gave a blow with a "Tunagala Karra" on the head of the deceased. He became unconscious and fell down. Then the appellant severed the head of the deceased from the trunk with a tapper's knife (M.O. 20) and carried it with him on a cycle to the village. Near his house the appellant feel down where he placed the head of the deceased. He left the cycle after locking it there, proceeded to P.S. Vuyyur and reported the matter to the Inspector of Police (P.W. 14) who was camping at P.S. Vuyyur. He surrendered himself along with blood-stained knife (M.O. 20), P.W. 14 recorded the report Ex. P.21 and sent a copy of the F.I.R. to the Magistrate P.W. 14 conducted one inquest at the place where the trunk of the deceased was lying and examined P.Ws. 1, 2, 4 and 6. P.W. 8 is the inquest Panchayatdar. Ex. P4 is the inquest report in respect of the trunk of the deceased. He also conducted another inquest at the place where the head of the deceased was lying and examined P.Ws. 2, 4, 5 and 7. Ex. P3 is the inquest report in respect of head of the deceased. P.W. 14 sent the head and the trunk of the deceased for post-mortem to P.W. 9, the Assistant Professor, Forensic Medicine, Sidhartha Medical College. P.W. 9 conducted autopsy over the body of the deceased and issued the post mortem certificate Ex. P.7. After completing investigation, P.W. 14 filed the charge-sheet.
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