Raj Paul Singh & Anr vs State Thr.P.S.Musheerabad, Hyderabad

2. The facts very briefly are that on 19.04.2004 Santoshi (hereinafter referred to as ‘the informant’) lodged an FIR in Musheerabad P.S., District Hyderabad, alleging that on 18.04.2004 at about 9.30 P.M. her husband’s brother, the appellant no.1, came in an auto in a fully drunken condition, went to his house situated opposite to her house and started abusing her in filthy language and her husband, she and their children came down from their portion on the first floor and her husband warned the appellant not to abuse him, but the appellant did not listen and he asked his wife to get a knife and his wife, appellant no.2 herein, went to the kitchen and brought one knife and gave it to the appellant no.1 and the appellant no.1 took the knife and stabbed the husband of the complainant on the left side of his chest and as a result the husband of the informant fell down with bleeding injury and he was taken to the Sagarlal Hospital, where he died subsequently. The Inspector of the P.S. Musheerabad, M. Bhasker Reddy, registered a case under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short ‘the IPC’). He visited the hospital, the scene of occurrence, conducted the inquest and sent the dead body of the deceased for post mortem examination. The appellant no.1 was then arrested and at his instance the knife was recovered and after investigation, a charge- sheet was filed against both the appellants for the offence punishable under Section 302 read with Section 34, IPC. The case was registered as Sessions Case No. 562 of 2004 and after framing of charges, the appellants were tried.

3. At the trial, the informant was examined as PW-1, one of the sons of the deceased was examined as PW-2, Dr. C. Surender Reddy, who conducted the post mortem on the dead body of the deceased, was examined as PW-3 and M. Bhasker Reddy, the Inspector of Police and the Investigating Officer, was examined as PW-7. On behalf of the defence, the mother of the deceased, Laxmi Bai, was examined as DW-1. By the judgment dated 19.07.2005, the 1st Additional Metropolitan Sessions Judge held both the appellants guilty of the offence under Section 302 read with Section 34, IPC, and sentenced them to life imprisonment and to pay fine of Rs.100/- and in default to undergo Simple Imprisonment for one month.

Then A-1 stabbed my father on the left side of chest on the instigation of A-2. It was a mutton cutting knife. After stabbing accused removed the knife and went away. My father received bleeding injury and he fell down on the floor. After the incident both the accused went inside their portion and some time thereafter they escaped from the house. I lifted my father to Sagarlal Hospital 10 minutes after his admission, doctors informed me about the death of my father. I came back to the house of PW-1 and informed her about the death of my father on that she became unconscious and fell down”.

9. In our considered opinion, therefore, the case of the appellants does not fall within Exception 4 to Section 300, IPC, and the trial court and the High Court have rightly held the appellants guilty of the offence of murder under Section 302 read with Section 34, IPC. The appeal has no merits and is accordingly dismissed.