PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH HYDERABAD Vs. ASH MOHAMMAD

JUDGEMENT

(1.) This is an appeal by the State against an order of acquittal of the sole accused in Sessions Case No. 46 of 1978 on the file of the Visakhapatnam Sessions Division. The accused was tried for an offence of murder and was acquitted of the same. The deceased in this case is one Kapoor Chand Shaoo, who was aged about 23 years by the time of his death. He was working as a gateman in the old Birla Company at Madhavadhara in Visakhapatnam. The accused is one Ash Mohammad, who is working as a Supervisor in the Technopack Company at Madhavadhara in Visakhapatnam. According to the prosecution, at about 8.30 or 9.00 p.m. on 20-3-1978 a group of persons were chasing the accused from Vengalarao colony saying "thief, thief" and the accused was running towards the Technopack Company, Madaka Narayana, a Rickshaw driver residing in the Vengalarao Colony (P.W. 1), Sistla Kanakarao, a Switch Board operator in the Hindustan Polymers, residing in Madhavadhara (P.W. 2) and Sabbavarapu Sanyasirao, a helper in the East-Coast Packing Company, Visakhapatnam, another resident of Vengalaraonagar (P.W. 3) were amongst the group of persons chasing the accused. By the time the accused reached the gate of the old Birla Company, the deceased came from inside the company premises and caught hold of the accused from behind. The accused turned towards the deceased and stabbed him with the knife on the left side of the chest and also on the left upper arm. On receipt of the injuries, the deceased fell down and the accused ran away into the Technopack company premises, P.Ws. 1, 2 and others who were chasing the accused ran away into the premises of Technopack company. When P.Ws. 1, 2 and others wanted to enter the company premises, the watchman P.W. 4 closed the gate and did not allow them to go inside. P.W. 1 told P.W. 4 that the accused stabbed the deceased and requested him to permit him (P.W. 1) and others to go and haul up the accused, but P.W. 4 advised P.Ws. 1 and 2 to go to the police station and give a report. P.Ws. 1 and 2 accordingly went to the 5th town police station and gave a report under Ex. P-l to the Sub-inspector of Police, P.W. 13. After registering the case, the Sub-Inspector examined P.Ws. 1 and 2 and proceeded to the scene of occurrence. The Inspector in charge, P.W. 14 took over the investigation at about 11.30 p.m. from P.W. 19. Immediately on taking over the investigation, he visited the Technopack Company and enquired about the accused, but could not get at him. He held an inquest over the dead body of the deceased from 8.00 a.m. to 11.00 a.m. on 21-3-1978. During the inquest he examined P.Ws. 1 to 4. After completion of the inquest he sent the dead body for post-mortem examination and later examined P.Ws. 5, 6 and others.

(2.) Dr. A. S. Prasad, P.W. 11, Assistant Professor of Forensic Medicine, Andhra Medical College, Vishakhapatnam conducted autopsy over the dead body of the deceased at about 2.30 p.m. on 21-3-1978, He found the following external injuries. 1. Oblique incised slab wound of 3 cm. long, 2 cm. wide and 20 cms. deep present on the left margin of the left chest in the line of front arm pit line 6 cms, to the left and above the left nipple. The direction of the track of the wound is inwards, downwards and towards the midline (towards the heart). 2. Transverse incised wound of 10 cms long x 6 cms. wide and 5 cms. deep present on the front and inner side of left upper arm 6 cm. below the arm pit. On dissection he found : 1. Oblique laceration of the inter-coastal muscle between the 3rd and 4th ribs on the left front of chest 8 cms. to the left on the sternal midline. The laceration is 6 cms. long, 2 cms. wide & 10 cms. deep (passing towards the heart). 2. Laceration on 2 x 1 cm. of the membrane covering the heart at the root. 3. Two lacerations of 2 cm., 1 cm. each opposite to each other present on the wall of the pulmonary artery of the heart at its origin from the heart. 4. Laceration 2 cm., 1 cm. of the aorta at its root corresponding to the injury in the pulmonary artery. 5. Laceration of front border of the left lung near the heart. The laceration is 3 x 1 cm. x 3 cms. He opined that the deceased died of shock and haemorrhage due to perforating injuries of the great blood vessels of the heart.

(3.) After completion of the investigation P.W. 14 filed a charge-sheet against the accused.