Vutukuru Lakshmaiah vs State Of Andhra Pradesh

3. On 14.05.1996 about 9.30 p.m., Pamula Ramanaiah, PW-1, and the deceased were travelling on their scooter towards Akuthota Harijanawada, and when they reached a sweet meat shop, Meriga Yedukondalu, A-4, and Utukuru Seenaiah, A-6 (since deceased) attacked them as a result of which, PW1, who was driving the scooter lost control of the scooter and both of them fell down. As the prosecution story proceeds, Vutukuru Lakshmaiah, A- 1, Rayapu Srinivasulu, A-2, Rayapu Sivaiah, A-3, Meriga Ramaiah, A-5, and Meriga Penchlaiah, A-7, stabbed the deceased multiple times with knives, while A-4 and A-6 beat him with iron rods. A-2 then tried to stab PW-1 but missed. Thereafter A-3 stabbed PW-1 with a knife on his left arm, but he managed to escape and hid in the PWD office situated nearby.

4. As the prosecution case further unfurls, Pantrangi Venkateswarlu, PW- 2, and Ragutu Sreenivasulu, PW-3, who were returning from their work witnessed the incident and after the assailants left the scene of crime, they took the deceased to the Government Head Quarters Hospital, Nellore. Being informed about the incident, the police immediately reached the scene of incident where they found injured PW-1 who had returned to the scene of occurrence and took him to the hospital, where Md. Kareemula, Head Constable, PW-20, recorded the statement of PW-1, Ex. P-1, and it was handed over to G. Srinivasa Rao, Sub-Inspector of Police, PW-21. Based on the statement, Crime No. 57 of 1996 U/s. 147, 148, 324, 307 r/w 149 IPC was registered and the investigation commenced. The deceased was subsequently shifted to Apollo Hospital, Madras for better treatment. Meanwhile the II Additional Judicial First Class Magistrate, Nellore, PW-18, recorded the dying declaration of the deceased at the General Head Quarter Hospital, which has been brought on record as Ex. P-13. On 15.05.1996, PW-21, visited the scene of offence, prepared the panchanama, Ex. P-7, the rough sketch, Ex. P-18, and recorded statements of PWs 1, 2, 3, 5, 6, 8, 12, 17. After the receipt of intimation of death of the deceased on 18.05.1996, there was alteration of the offence to Section 302 IPC and the investigation was taken over by K. Veera Reddy, PW-22, the Inspector of police, who visited the Apollo hospital, Madras and held inquest over the dead body of the deceased in presence of G. Pulla Reddy, PW-18, and sent a requisition to Dr. C. Manohar, PW-19, Assistant Professor, Forensic Medicine at Kilbank Medical College, Chennai for postmortem examination who carried out the autopsy over the dead body of the deceased on 18.05.1996 and opined vide Ex.16, the postmortem report, that the cause of death was due to multiple stab injuries. PW-22, the Investigating Officer, arrested A-2 to A-7 and A9 on 28.05.1996 and at the instance of the arrested persons, except A-9, the investigating agency recovered four knives and two iron rods. After completion of the investigation, the chargesheet was placed before the competent court and eventually the matter was tried by learned Additional Sessions Judge. The accused persons took the plea of false implication and the A-1, additionally took the plea of alibi.

21. Consequently, we do not perceive any merit in these appeals and accordingly, the same stand dismissed.