Case: Neti Sreeramulu Vs. State of Andhra Pradesh

1. In this appeal from the judgment and order of the Andhra Pradesh High Court convicting the appellant for the murder of one Gadusula Seetha under Section 302, I. P. C. and sentencing him to death, special leave granted by this Court was limited only to the question of sentence. The preparation of the record was dispensed with and the appeal was directed to be heard on the S. L. P. paper book. In the order granting special leave dated March 1, 1973 it was specifically directed asan actual date of hearing of the appeal be fixed which will not be longer than one month from today, and notice of the actual date of hearing of the appeal shall be sent to the respondenton July 5, 1972 the special leave petition has been placed before the vacation Judge (K. K. Mathew J.) and notice was directed to go to the respondent to show cause why special leave should not be granted in regard to the sentence only. It is unfortunate that the matter could not be placed before the Bench after service of show cause notice for nearly eight months. The appellant had been sentenced to death as far back as October 30, 1971 by the Additional Sessions Judge, West Godavari Division at Eluru and the death sentence was confirmed by the High Court on January 24, 1972.2. The prosecution story as upheld by the High Court stated briefly is that the deceased, who was a married woman, was having an illicit intimacy with the appellant and they were both living at Tadimalla. Before they came to Tadimalla to settle down there, the deceased was married to one Basavaiah of Rythapuram. There, she had developed illicit intimacy with her husbands brother and is stated to have eloped with him. Sometime later, she patched up with her husband and they both then went down to Tadimalla to live there, which was the native village of the deceased. But there also the deceased developed illicit intimacy with the appellant who belonged to Harijan community. Apparently the deceased belonged to a higher caste. It appears that the appellant and the deceased started living together in a portion of the appellants house in Harijanwada of Tadimalla village. According to the testimony of Osha Thammaiah (P.W. 14) even when the deceased was living with the appellant she was having a liaison with this witness. The deceased met with her death on 24-4-1971 at about 6 a.m. About 20 days prior to this date, the deceased left the appellants house and started living in a portion of the house of Gapapati Bapanamma (P.W. 13), the maternal grandmother of Osha Thammaiah (P.W. 14). According to P.W. 14 the deceased did so in order to continue her illicit intimacy with that witness. The appellant apparently felt distressed on account on this conduct on the part of the deceased. On the morning of April 14, 1971, the deceased went to the Panchayat well to take water to her house and while she was standing there on the platform of the well, the appellant went there, caught hold of her pigtail from behind with his left hand and delivered two blows on the left side of her neck and gave two or three blows on her left upper fore-arm. The deceased tried to free herself from the appellants grip but fell down flat about six yards away from the well. The appellant is said to have delivered another blow with the knife on the left side of her abdomen which resulted in her intestines protruding out. The deceased it appears died soon after the receipt of these injuries.3. In the High Court on behalf of the appellant it was argued that the sentence should be reduced to life imprisonment because: (l) the appellant is a very young man of about 20 years of age; (2) the incident arose out of sexual jealousy and (3) the crime was not pre-meditated. The High Court did not consider these three circumstances to be sufficient to merit a lesser sentence, because from the evidence of the doctor and the post-mortem certificate given by him it was evident that the appellant had inflicted as many as ten incised injuries out of which two injuries were fatal and even after inflicting the injuries on the deceased indiscriminately the appellant stabbed her in the abdomen with such violence that the intestines actually came out and this happened after the deceased had fallen down. From the injuries caused by the appellant to the deceased the High Court felt that the accused must have intended to murder her and his intention in attacking the deceased was not only to chastise her or to teach her a lesson. Finding no reason to reduce the sentence passed by the trial court the High Court confirmed the capital sentence.

Reasoning: 7. No doubt, as observed by the High Court, there were as many as ten incised injuries on the deceased and injuries nos. l and 4 were considered by the medical evidence to be fatal. It is also clear that on the day of the incident nothing had happened to cause sudden provocation which should be grave enough to make the appellant lose his balance of mind. But in that case an argument would be open to take the offence out of the purview of Sections 300 and 302. I. P. C.We find that in July, l972 this Court issued notice to the respondent State to show cause why special leave should not be granted in regard to the sentence. The notice was apparently issued without any delay. But the matter was unfortunately not set down for hearing till 1-3-1973. This delay was perhaps due to the fact that the respondent-State did not put in appearance. Indeed, the State was not represented at the hearing either of the special leave petition or of the appeal before us. Now the importance of speedy disposal of cases involving sentence of death has been recognised by this Court, for, in R. 21 (2) of O. XXI, it is expressly provided that fin such cases the printed record shall be made ready and despatched to this Court within a period of 60 days after the receipt of intimation from the registry of this Court of the filing of the petition of appeal or of the order granting special leave to appeal. The same anxiety and concern for speedy disposal of special leave petitions in such cases is equally desirable. It appears that the importance of speedy hearing of the petition for special leave was not realised in this case. In our view, the neglect or unwillingness of the State to enter appearance should not have prevented the posting of the special leave petition for hearing with the greatest possible dispatch.9. On the facts and circumstances of this case we feel that the interests of justice require that the sentence of death should be reduced to that of life imprisonment and we so order. The fact that the State of Andhra Pradesh has not cared to enter appearance in spite of notice suggests that in the opinion of the legal advisors of the State there was no good cause to show against the reduction of