LexSTATE OF ANDHRA PRADESH versus THUMMALA ANJANEYULU
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[2010] 14 (ADDL.) S.C.R. 925 STATE OF ANDHRA PRADESH v. THUMMALA ANJANEYULU (Criminal Appeal No. 1616 of 2005) NOVEMBER 25, 2010 [HARJIT SINGH BEDI AND CHANDRAMAULI KR. PRASAD, JJ.] Penal Code, 1860: s.304(Part-I )-Accused, who was ogling at some females in a Panchayat, when confronted, took out a knife and stabbed the victim resulting in his death - Conviction by trial court u/ s.302 -Acquittal by High Court- Held: The evidence of PW's A B c 4 to 6 who are truly independent witnesses ought to be 0 believed in the facts of the case - There is no reason to disbelieve their testimony - They have given categoric statements as to the manner in which the incident had happened - The High Court has not discussed the evidence of these witnesses and has disposed of the matter in a some what sketchy manner - The promptness of the FIR and the E fact that the presence of PWs. 4 to 6 finds mention in it, clearly speaks for the truthfulness of the prosecution story - As regards the conviction, the victim and the accused and the witnesses had gathered at the place to organize a Panchayat to settle a land dispute relating to some other persons, who F were not, in any manner, connected with either party and it was at that stage that the accused was apparently provoked by the remarks of the victim on which he suddenly took out a knife which he was carrying and caused one injury in chest of the victim - There was no intention on the part of the accused to G cause the very injury which he caused and ultimately led to the death of the victim - The accused would thus be liable for conviction u/s. 304 (Parf-1), /PC and not uls. 302 /PC - He 925 H 926 SUPREME COURT REPORTS (2010] 14 (ADDL.) S.C.R. A is accordingly convicted uls. 304 (Part-I), /PC and sentenced to 7 years R. I. B c D CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1616 of 2005. From the Judgment & Order dated 05.01.2004 of the High Court of Andhra Pradesh at Hyderabad in Criminal Appeal No. 1753 of 2001. D. Mahesh Babu for. the Appellant. T. Anamika (for Asha Gopalan Nair) for the Respondent. The following order of the Court was delivered ORDER 1. This appeal against acquittal has been filed by the State of Andhra Pradesh impugning the judgment of the High Court of that State whereby the respondent herein, the sole accused, has been acquitted for an offence punishable under E Section 302 of the IPC. The prosecution story is as under: 2. The accused Thummala Anjaneyulu by name, developed intimacy with Suguna, daughter-in-law of PW-2. On the 6th of January .1997 PW-2 found the respondent and his daughter- in-law in his cattle shed and that too in a compromising position. F PW-2 raised an alarm on which the respondent ran away leaving behind a lungi and underwear belonging to him. Suguna was thereupon made to leave PW-2's house the next day. At about 4 p.m. on the 7th January 1997, the deceased Bhoomaiah went to the house of PW-6 for the purpose of organizing a Panchayat G between G.Kistaiah and G. Ramulu with respect to some agricultural land. PW-3, the wife of the deceased, and another lady, Manemma by name, and his sister-in-law also fo)lowed the deceased to oversee the outcome of the Panchayat. Several other persons too were present at that time including H STATE OF ANDHRA PRADESH v. THUMMALA 927 ANJANEYULU the accused and PWs. 3, 4, 5, and 6. During the Panchayat A proceedings the deceased suspected that the accused was casting an evil eye on PW-3 and Manemma aforesaid. He thereupon confronted the accused and asked him as to why he was looking at the ladies whereupon the accused took out a knife and stabbed the deceased on the left side of his chest B which resulted in a serious injury to him. Bhoomaiah was immediately removed (in a tractor belonging to PW-1, his younger brother) to Eldurti for medical aid but he succumbed to his injuries on the way on which the body was taken to the Eldurti Police Station instead. PW-1 also gave a report Ex.P1 c which was registered as a FIR by PW-10 the Sub-Inspector of the Police Station for an offence punishable under Section 302 of the IPC. The Police Officer also visited the place of occurrence and made the necessary enquiries and also dispatched the dead body for its post-mort~m examination to D the Government Hospital, Medak and further handed over investigation to PW-11. The accused surrendered to the police and during the cou
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