LexBAVISETTI KAMESWARA RAO @ SABAI versus THE STATE OF A.P. REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF A.P., HYDERABAD
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2008] 5 S.C.R. 408
A
BAVISETTI KAMESWARA RAO @ SABAi
•
v.
THE STATE OF A.P. REP. BY ITS PUBLIC PROSECUTOR
HIGH COURT OF A.P., HYDERABAD
(Criminal Appeal No. 547 of 2008)
B
MARCH 25, 2008
(S.B. SINHA AND V.S. SIRPURKAR, JJ.)
PENAL CODE, 1860:
c
ss. 300 'Thirdly' and 302 - Murder- Single injury causing
dr;ath - Accused harbouring vengeance against deceased
because of a previous quarrel - Accused along with his
accomplice abusing deceased - Altercation taking place -
Accused plunging a long sharp edged screw driver into
D abdomen of deceased causing 12cm deep injury cutting his
liver and spleen- Other accused attacking deceased.with pen
knife - Death of deceased soon thereafter - HELD: The act
was done with intention of causing bodily injury and the injury
intended to be inflicted was sufficient in ordinary course of
E nature to cause death covered by 'Thirdly' of s. 300 - Act of
accused would clearly come within definition of 'murder' -
flccused was rightly convicted by courts below u/s 302 -
Conviction, and sentence of imprisonment for life affirmed.
F
The appellant (A-1) along with eight others was
prosecuted for committing murder of one 'SR'. According
.·to the prosecution case, two days prior to the occurrence,
. a physical altercation between A-1 and 'SR' took place
wherein A-1 sustained some injury on his hand. Both were
stated to have sworn towards each other's life. Later, A-1
G discussed the matter with A-2 and the other seven
accused and they hatched up a plan to finish 'SR'. In the
night of the occurrence at about 10.00 P.M. all the nine
accused assembled in the office of A-1 as per their plan.
A-1 was armed with a screw driver and A-2 with a pen knife.
H
408
BAVISETTI KAMESWARA RAO@ BABAI v.
409
THE STATE OF A.P .
. .....
At about 10.30 P.M. when 'SR' reached there, A-1 and A-2
A
abused him and on his questioning their behaviour, A-1
plunged the screw driver below left side of the chest of
'SR' and A-2 attacked him with his pen knife. All the other
accused were also said to have thrashed him. The victim
was chased, but somehow he managed to escape and
B
reported the incident to the police. He died on his way to
hospital. The trial court convicted A-1 and A-2 u/s 302 IPC
and acquitted the other accused. On appeal, the High
Court confirmed the conviction as also the sentence of
life imprisonment of A-1, but convicted A-2 u/s 324 IPC
and sentenced him to rigorous imprisonment for 2 years. c
In the instant appeal filed by A-1, it was contended
that the appellant being a motor mechanic and screw
driver being an usual tool in his hand in the course of his
occupation, the single injury could not be said to have D
been inflicted with the intention to cause death or to cause
such bodily injury as would be sufficient to cause death.
In the alternative it was contended that the incident
occurred in heat of passion in a sudden quarrel. It was,
therefore, submitted that the offence, if at all, would fall u/ E
s 304 (part II) IPC or at the most u/s 304 (Part-I) IPC.
Dismissing the appeal, the Court
HELD: 1.1 It cannot be said that in a murder case if
there is only a single injury, the offence would invariably
F
be covered under Section 304 Part II IPC. The nature of
offence, in such a case could not be decided merely on
the basis of a single injury and thus in a mechanical
fashion. The nature of offence would certainly depend
upon the other attendant circumstances which would help G
the court to find out the intention on the part of the
accused. Such attendant circumstances could be very
~
many, such as, (i) whether the act was pre-meditated; (ii)
"{
the nature of weapon used; (iii) the nature of assault on
the accused. Besides, every case has to necessarily
H
410
SUPREME,COURT REPORTS
[2008] 5 S.C.R.
A depend upon the evidence available. [para 12] [416-G; 417-
A, B, C]
B
Virsa Singh v. State of Punjab AIR 1958 SC 465; State
of Karnataka v. Vedanayagam (1995) 1 SCC 326; and Jagrup
Singh v. State of Haryana (1981) 3 SCC 616 - relied on.
Tolan v. State of TN. (1984) 2 SCC 133 - referred to.
1.2 In the instant case, a long screw driver having a
sharp end was plunged into the abdomen of the deceased
with such savage force that it caused 12 cm. deep injury
C cutting liver and spleen, which was sufficient to cause
the death. This is apart from the fact that the deceased
also suffered other injuries. Therefore, this was a case
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