Telangana High Court

Khanapuram Kumar, Mahabubnagar Dt And ... vs The State Of Telangana, Rep Pp., on 14 November, 2024

             HON'BLE SRI JUSTICE K.SURENDER
                            And
          HON'BLE SRI JUSTICE ANIL KUMAR JUKANTI

                CRIMINAL APPEAL Nos.59 OF 2016
JUDGMENT:

1. The appellants, who are A1 and A2 were tried along with A3 to

A5 for the offence under Section 302 IPC and sentenced to life

imprisonment, however, the learned Sessions Judge found A3 to A5

not guilty and acquitted vide judgment in S.C.No.161 of 2014,

dated 07.10.2015 passed by the I Additional Sessions Judge,

Mahabubnagar. Aggrieved by the said conviction, appellants A1 &

A2 filed the present appeal. The State has not preferred any appeal

against the acquittal of A3 to A5.

2. The case of the prosecution is that A3 (acquitted accused) is

the husband of A5 (acquitted accused) and A1, A2 and A4(acquitted

accused) are their sons and they are the residents of Inmalnarva

village of Kothur Mandal in Mahabubnagar District.

P.W.1/Gurrampally Laxmamma is the sister of A5 and she was

married to the deceased No.1/late Gurrampally Anjaiah of

Kalwakole village in Maheshwaram Mandal of Mahabubnagar

District about 25 years ago. D2/late Gurrampally Kumar was their

son. A3 also married the other sister of A5 and P.W.1, by name

Devamma and he being the illatom son-in-law of his in-laws, was

enjoying 11 acres of land in Sy.No.274/E of Inmalnarva village

belonging to his in-laws. P.W.1 and her husband D1 demanded for

the allotment of some land to P.W.1 for the total extent of land of

her parents towards her share and despite the resistance of A3, the

mother of P.W.1, by name Smt.Bhuchamma gifted one acre of land

in Sy.No.274/E of Inmalnarva village to P.W.1 under registered gift

deed. A3 prevented P.W.1 and D1 from enjoying the said land and

in that connection, a civil suit was also filed before the Civil Court

at Shadnagar by P.W.1 and the same was pending.

3. While things stood thus, P.W.1 and D1 entered into an

agreement of sale with P.W.7, one Bichya Naik of Inmalnarva, for

the sale of the disputed land of 1 acre for a sale consideration of

Rs.7,90,000/- and received an advance of Rs.50,000/-. On

04.07.2013, P.W.1, D1 and D2, the nephew of D1 by name

Venkatesh/P.W.2 and one Ramaswamy/P.W.12 went from

Kalwakole village to the disputed land in Inmalnarva at the request

of P.W.7 to take the measurements of the disputed land and at

about 11.00 a.m, P.W.8 Mr.Gopal, the surveyor of Inmalnarva

village, was taking the measurements of that land with the help of

PWs.10 and 11, his assistants. On coming to know about this fact,

the appellants along with A3 to A5 (acquitted accused) came to that

land on two motor cycles. A1 and A2 were armed with Mos.1 and 2

knives. The appellants picked up quarrel with D1. In the meantime,

P.W.6, who was passing by on his motor cycle to his house from his

flower shop, on noticing this quarrel, also came there. A1 and A2

stabbed D1 and D2 while A3 to A5 assisted them in catching hold of

D1 and D2. D1 died instantaneously and D2 suffered serious

bleeding injuries including a major injury to his abdomen. When

P.Ws.2, 6 and 7 tried to intervene, A1 and A2 also attacked them,

due to which, P.W.2 sustained an injury on the scalp of his head,

P.W.6 received an injury to his right middle finger and P.W.7

sustained an injury to his chest.

4. After committing offence, all the appellants escaped from the

scene of offence on their motor cycles. D2 was immediately shifted

to Government hospital, Shadnagar on an ambulance and he

succumbed to the injuries on the way. Ex.P1 report was lodged by

P.W.1 at about 12.00 noon. P.W.15/Head Constable of Kothur

police station registered Ex.P7 FIR in Cr.No.123/13 for the offence

under Sections 302 and 307 r/w 34 IPC against A1 to A5 and

P.W.17, the then Inspector of Police, Shadnagar rural circle, took

up investigation. At 12.30 p.m, P.W.17 visited the scene of offence

and observed the same in the presence of P.Ws.13 and 14, during

the course of which, he seized MOs.3 to 6 under a cover of Ex.P2

crime-details form-cum-rough sketch was prepared. P.W.17 also

conducted an inquest over the dead body of D1 in the presence of

P.Ws.13 and 14 under a cover of Ex.P3 which is the inquest report

conducted at the scene of offence. Thereafter, shifted the dead body

of D1 to the Government hospital, Shadnagar for postmortem

examination.

5. P.W.17 along with P.Ws.13 and 14 visited the Government

Hospital, Shadnagar where he conducted inquest over the dead

body of D2 in the presence of P.Ws.13 and 14. Ex.P4 is the inquest

report. During the course of inquests conducted over the dead

bodies of D1 and D2 under Exs.P3 and P4, P.W.17 seized Mos.9 to

16 blood stained clothes of D1 and D2. P.W.14 conducted

postmortem examination of D1 and D2 and issued Exs.P8 and P9

postmortem certificates opining that they died of polytrauma due to

injuries to vital organs. P.W.14 also examined P.Ws.2, 6 and 7-eye

witnesses in the said hospital and issued Exs.P10 to P12 wound

certificates that they sustained simple injuries.

6. On 15.07.2013, on reliable information P.W.17 intercepted A1

to A5 at Thimmapur cross-roads on the National Highway No.44 at

about 6.15 hours and interrogated them in the presence of P.W.14

and L.W.15/Pentanolla Yadagiri. A1 confessed his guilt and

produced MO7 motor cycle used by him in reaching the scene of

offence and for escaping from the scene of offence and the same was

seized by P.W.17. Ex.P5 is the confession-cum-seizure

panchanama. A2 also confessed and produced MO8 motor cycle

used by him in reaching the scene of offence and for escaping after

the commission of offence and the same was seized by P.W.17.

Ex.P16 is the confession-cum-seizure panchanama drafted at about

7.20 hours. A1 to A5 led P.Ws.17 and 14 and L.W.15/Pentanolla

Yadagiri to the house of the appellants in Inmalnarva and A1 and

A2, after confession, went into the house and produced MO2 and

MO1 knives, respectively, and the same were seized Exs.P13 and

P14 are confession-cum-seizure panchanamas drafted by P.W.17.

The Forensic Scientific Lab, Hyderabad, on the examination of

MOs.1 to 6 and 9 to 16, issued Ex.P15 report holding that they

contained human blood.

7. Learned Sessions Judge on the basis of evidence adduced,

found that A3 to A5 were not complicit of the offence of either

murder or attempt to murder and acquitted them accordingly.

Learned Sessions Judge found that the appellants/A1 & A2

committed murder of both the deceased intentionally and

accordingly convicted them.

8. Learned counsel appearing on behalf of the appellants argued

that though it was alleged that curved weapons were held by A1 &

A2, however, the Doctor did not find any injuries with curved

weapons or sickles. The appellants were falsely implicated on

account of the disputes amongst them. The fact that there were

disputes regarding the land is also accepted by the prosecution. In

the said circumstances, there is every possibility of falsely

implicating the appellants. In fact, the medical evidence does not

corroborate with the version of the eye witness account, for which

reason, appellants are entitled to acquittal. Alternatively, learned

counsel submits that even accepting that there was an attack by

the appellants, it would be an offence under Section 304-II IPC

since there was no intention on the part of the appellants to commit

murder. Even according to the prosecution witnesses, when they

went to the scene of offence, there was scuffle/quarrel, pursuant to

which, the appellants attacked D1 & D2. In the said circumstances,

the observations of the Hon'ble Supreme Court in the case of

Devendra Kumar and others v. State of Chattisgarh 1 has to be

taken into consideration. The Hon'ble Supreme Court in the said

decision held that when the facts of the case indicate that there was

no premeditation on the part of the accused to commit murder, the

offence is not under Section 302 IPC but under Section 304-II IPC.

Learned counsel also relied on the judgment of Madras High Court

in the case of Poovammal v. State, rep. by The Inspector of

Police, V.K.Puram Police Station, Tirunelveli District 2, wherein

the High Court on facts, held that no case under Section 302 IPC

2024 0 Supreme (SC) 995

2012 0 Supreme (Mad) 657

was made out, however, convicted the appellants under Section

304-II IPC.

8. The case against the appellants is that there were disputes

admittedly regarding agricultural land in Sy.No.274/E of

Inmalnarva village. P.W.1 had sold land to P.W.7. The appellants

are sons of A5 and A5 is the elder sister of P.W.1. The dispute was

in respect of the agricultural land of 11 acres in Inmalnarva village.

The said fact of disputes regarding ancestral land is admitted.

According to the eye witnesses, appellants armed with knives

MOs.1 and 2 went there along with A3 to A5 (acquitted accused).

The appellants attacked both the deceased indiscriminately injuring

the husband of P.W.1 namely Anjaiah (D1) and also son of P.W.1

namely Kumar (D2).

9. According to P.W.16, the Doctor who conducted autopsy over

the dead bodies deposed as follows:

"I conducted the P.M.Examination over the dead body of late Gurrampally Kumar S/o.Anjaiah, aged about 18 years, from 4.05 p.m onwards in the mortuary of the Government Community Hospital, Shadnagar and found the following injuries on the body of the deceased.

i) Penetration injury noted over the abdomen towards the left side of the Umblican measuring 4 x 2 x 6cm;

ii) Laceration over the left side of shoulder measuring 10 x 6 cm;

iii) laceration over the left elbow measuring 6 x 2 cm;

iv) penetration injury seen over the left side of the back measuring 3 x 2 x 3 cm;

v) laceration over the back side of the right thigh measuring 6 x 3 x 3 cm.

On internal examination, I found congestion of Lungs and pleural cavities. The blood was present in the peritoneal Cavity. The injury was found in small intestines. Congestion was found in liver and gallbladder. An injury found in the left kidney. I was opinion that the cause of death of the deceased was best of knowledge was due to polytrauma with injury to vital organs. Ex.P8 is the P.M.E certificate issued by me.

On the same day, on the receipt of another requisition from the same Inspector of Police, I conducted the P.M Examination over the dead of Sri Gurrampally Anjaiah S/o.Sayanna, a male aged about 50 years, in the mortuary of the same hospital from 4.40 PM and found the following external injuries.

1. Penetration injury seen over the centre of chest measuring 6 x 3 x 3cm.

2. Laceration over the right shoulder measuring 10 x 3 x 4cm.

3. Laceration over the posterior aspect of the right shoulder measuring 4 x 2 cm.

4. Penetration injury over the Lumber region measuring 6 x 2 x 3 cm.

5. Deep penetration injury over the left side chest measuring 8 x 4 x 4 cm

6. Sternum facture noted.

7. Rib fracture noted

8. Injury to the heard noted measuring 2 x 1 cm.

On internal examination, thecondition of Lungs and Pleural cavaties noted. Blood found in the chest. Injury noted in the heart of pericardium. Blood noted in Peritoneal cavity. Injury found in Liver and Gall Bladder."

10. P.Ws.1, 2, 6, 7, 8, 10, 11 and 12 are eye witnesses to the

incident. P.Ws.2, 6 and 7 were injured when attacked by appellants.

P.Ws.3 to 5 and 9 are circumstantial witnesses. P.W.1 is wife of D1

and mother of the D2. P.W.2 is the first cousin of the deceased.

P.W.6 is independent witness and chance witness. PW.7 is the

purchaser of land from P.W.1. P.W.8 is the surveyor. P.W.9 is one of

the relatives of P.Ws.1 and 2. P.W.10 was assisting in taking

measurements of land, P.W.11 was also assisting P.W.8 in taking

measurements.

11. According to all the witnesses, MOs.1 and 2 which are knives

were carried by the appellants, arrived at the scene, when the

measurements of the land were being taken. The appellants