Case: Maloth Somaraju Vs. State Of A.P

Deceased was a worker in Singereni Collaries. He used to go for his duty at about 12.30 p.m. at night every day. On the fateful day, he did not go for his duty. At the time when the incident happened, he was sleeping on his cot along with one son. It is the prosecution case that besides him was another cot on which his wife Heeramani (PW-1) was sleeping along with another son. Besides these two cots, there was another cot on which was one Haridas (PW-9) who was the cousin of Heeramani (PW-1) was sleeping.2. It is the case of the prosecution that at that time suddenly the appellant came and assaulted Krishna which incident was seen by Heeramani (PW-1) who raised cry which attracted the neighbours who were mostly the relatives of her husband including his parents, his brother, his sister-in-law and cousins of the deceased. All his relatives are Banjara by caste. The deceased was immediately carried in an auto rickshaw to Singereni hospital where he was declared as brought dead. On that Maloth Heeramani (PW-1) had lodged a report before Kothagudem Police Station. Since she was illiterate, Heeramani (PW-1) got scribed the report by Rayala Sathyanarayana (PW-14) and submitted it to Kothagudem police station at 6.30 in the morning. It has come on record that the report was immediately forwarded to the concerned Magistrate who received it at 7.30 in the morning. In this report Heeramani (PW-1) complained that in the midnight she woke up her husband for answering the call of nature. After that, she and her husband slept. As they were talking to each other, her brother-in-law Maloth Somaraju, the accused-appellant came from behind the house with a sickle (Kota Kathi) and attacked her husband on his left temporal, nose and under the nose due to which there was heavy bleeding. She further suggested that she raised cry and on hearing her cries, her father-in-law Balunayak (PW-2), her mother-in-law, Maloth Bhikri (PW-3), elder brother in law Amar Singh (PW-4), his wife Kausalya (PW-5), her second brother in law Phool Singh (PW-6), his wife Maloth Dwali (PW-7) came there. On seeing them, accused Somaraju fled away. After that her husband was shifted in the auto of Mohan Rao to Company Singereni main hospital. However, the doctors there told that her husband was dead. She then narrated that accused/appellant was addicted to drinking and used to come to house and beat her in-laws and was harassing them for which her husband had to pacify them and about fifteen days back when the accused bit her in-laws, her husband had beaten the accused and it was because of this that he bore grudge against her husband and axed her husband. The offence was registered and the investigating officer rushed to the spot, got executed inquest Panchnama as also got drawn the map of the spot and sent the body for autopsy. Autopsy was conducted by M. Gopal Swamy (PW-16). Autopsy report is Exhibit P-19. The autopsy was conducted at 11 a.m. in the morning. According to the doctors, the approximate time of death was 8 to 10 hours before the autopsy. After the completion of the investigation, the charge-sheet was filed. At the trial, the prosecution examined as many as 20 witnesses and marked 31 documents. In his defence, the plea of accused is of total deny. There was no defence evidence tendered by him. The Sessions Judge acquitted the accused which acquittal was challenged by the State by filing an appeal which appeal was allowed convicting the accused of the offence under Section 302, IPC and awarding sentence of life imprisonment.

Reasoning: merely because the acquittal is found to be wrong and another view can be taken, the judgment of acquittal cannot be upset. The appellate Court has more and serious responsibility while dealing with the judgment of acquittal and unless the acquittal is found to be perverse or not at all supportable and where the appellate Court comes to the conclusion that conviction is a must, the judgment of acquittal cannot be upset. We have to examine as to whether the High Court, while upsetting the acquittal, has taken such care and it is quite clear from the High Courts judgment that the High Court has certainly taken that care.6. The High Court has wholly relied on the direct testimony of Heeramani (PW-1) and has carefully examined her evidence threadbare. Firstly, the High Court has correctly found that she had a close relation with the accused who was her real brother-in-law and she was not expected to commit any mistake in identifying him. The High Court has correctly observed that she would certainly be interested in naming the culprit since she had lost her husband. The High Court has rightly found that she was a natural witness and her presence in her own household was also absolutely natural. Her version that she woke up her husband to attend the call of nature is the most natural version and that has been specifically stated in the first information report which was filed barely within 4 - 4= hours after the incident. The High Court refuted the defence version that she could not have identified the accused because of the darkness on the basis of the theory of the bulb, introduced in the cross-examination. Very significantly, she had not spoken about her having lighted the bulb, in her examination-in-chief; however, in her cross-examination, when it was suggested to her that there was no power during that night, she specifically refuted the suggestion and then asserted that she had switched off the bulb before going to the bed and had switched on the same after she had awakened to attend the call of nature. This theory of her switching on the bulb, having been introduced in the cross-examination, becomes all the more significant. The High Court, therefore, accepted her version that she had put on the bulb and had not switched it off after she and her deceased husband returned to the bed after answering the call of nature. Therefore, whatever doubts could have been raised because of the night being a new moon night and the prevalence of darkness on the spot, were also got dispelled by the defence by its cross-examination. The High Court has also considered the contention raised on behalf of the defence that the accused could not have inflicted the injuries on the face of the deceased and, more particularly, front part thereof, if after answering the call of nature, both were talking to each other, meaning thereby that the deceased was in a sitting position. The High Court has pointed out through the evidence of Heeramani (PW-1) that the deceased was in the lying position and it is on that basis that the High Court has rejected the defence theory and upheld the evidence of Heeramani (PW-1). The High Court has also found that there could not have been any motive on the part of Heeramani (PW-1) to falsely implicate her husbands brother. The defence theory was that the sister of the deceased was married to her brother and her brother had committed suicide and in fact Heeramani (PW-1) was holding the accused to be responsible for the suicide. There being no support to this theory in evidence, the High Court has chosen to ignore the same and in our opinion, rightly. The witness was not cross-examined in respect of the controversy regarding the number of cots. She, in her evidence, had claimed that there were three cots and she, her husband and two sons were sleeping on the two cots, whereas the third cot was occupied by her cousin. Relying on the sketch (Exhibit P-30) drawn by the investigating officer as also on the photographs, it was suggested that only one cot was found. The High Court has rejected this theory that the sketch (Exhibit P-30) which is the sketch drawn by the investigating officer was admissible in evidence. The High Court has found that even if it was held to be admissible, admittedly, the sketch was drawn by 11.30 am and, therefore, the possibility of the two other cots, which had no signs of any blood or any other material evidence having been found, could not be ruled out. Even before us, Shri Anand Dey, learned counsel appearing on behalf of the appellant very strenuously argued on the aspect of the cot as well as the position of the deceased and the location of the injuries on the face of the deceased. We are quite satisfied by the reasoning given by the High Court to reject the claim of the defence in this behalf. Similar is the situation regarding her clothes being stained with blood. It is an admitted position that her clothes which were stained with blood were neither seized by the investigating agency nor were they sent for the chemical examination. The High Court accepted the explanation of Sub Inspector M. Konda Reddy (PW-20) that her clothes even otherwise could have stained with blood because she had carried the deceased in the auto rickshaw to the hospital and, therefore, the clothes were not material. We do not see any reason to reject this reasoning of the High Court. Shri Dey, learned counsel, very strenuously urged that it was a doubtful circumstance and that in the absence of the blood-stained clothes, the version of Heeramani (PW-1) could not be believed by the High Court and by this Court. We do not see any reason to accept the argument by the learnedour opinion, this circumstance is absolutely insignificant as it has been shown that her husband was actually lying on the cot as per her version in the Court. Third circumstance is the possibility of their not talking. That is absolutely insignificant and has to be ignored. It is nothing unnatural. Fourth circumstance is the account of darkness. We have already explained that circumstance that even in the light that was available, it was quite possible for Heeramani (PW-1) to identify, which identification was further corroborated by her immediately naming the accused. Fifth circumstance is about the position of the deceased which we have already explained. This circumstance could not be availed by the trial Court. Sixth circumstance is about existence of only one cot near the fence at some distance which was seen in photos. We have already explained this circumstance to be insignificant as there was possibility of removing the cots since the panchnama took place at about 11 O clock in the morning. Seventh circumstance is about blood stained clothes of Heeramani (PW-1) not being seized to establish her presence. We have explained this circumstance that there was very good explanation given by the investigating officer. Eighth circumstance is obviously incorrect, that being the delay in giving the report. Ninth circumstance is the cousin of Heeramani (PW-1) not supporting the prosecution. That by itself cannot be a suspicious circumstance, particularly, on the backdrop of the FIR having been registered at 6.30 a.m. and the same having been received by the Magistrate at 7.30 a.m. Tenth circumstance is about the relatives completely turning hostile and not supporting the version. This could not be held to be a suspicious circumstance for the simple reason that they were all interested in the accused. Eleventh circumstance is that there was no strong motive to kill. The motive looses all its significance in the wake of eye-witnesss account. Twelfth circumstance is that there were possibilities of some other persons attacking the deceased. There is absolutely no basis for this wild imagination. We have already referred to the thirteenth circumstance about bill book and held it to be not a suspicious circumstance. Fourteenth circumstance is merely inferential. Fifteenth circumstance is that Heeramani (PW-1) did not try to obstruct the deceased to give him blow after first blow. That circumstance depends upon the individual reaction. We do not attach any importance to such a circumstance. Last circumstance is again about the cot.We do not think that that is any relevant circumstance. Therefore, it is clear that the trial court got swayed away by the so-called irrelevant suspicious circumstances which resulted into the acquittal of the appellant. The High Court has, in its judgment, dealt with all the other aspects in detail and has also considered the evidence without being influenced by all these irrelevant and imaginary suspicious circumstances.