Maloth Somaraju vs State Of A.P

1. Appellant Maloth Somaraju challenges the judgment of the High Court whereby the High Court allowed the State appeal challenging the acquittal by the Trial Court. He was tried for the offence punishable under Section 302, IPC on the allegation that on 15.05.1999 at about 2 a.m. at night he committed the murder of his elder brother Maloth Krishna (hereafter referred to as "deceased" for short) by causing his death with an axe injuring his temporal region, nose and face which ultimately resulted in his death. The prosecution story in short conspectus 2 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 3 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 4 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.

8. The first information report given by this witness is complete in all the details. She very specifically stated that on that day her husband did not go for the duty and on that night she and her husband and her cousin were sleeping and she woke up her husband to attend the call of nature. 1 Thereafter, she and her husband slept and while they were talking to each other the accused came from behind and axed the husband on his temporal, nose and under the nose. She also spoke about her raising cries and her relatives, namely, Balunayak (PW-2), her father-in-law, Maloth Bhikri (PW-3), her mother-in-law, Amar Singh (PW-4), her elder brother-in-law, his wife Kausalya (PW-5) and the other brother-in-law Phool Singh (PW-6) and his wife Dwali (PW-7) having come on the spot. She has also referred to the fact that on seeing them the accused fled away. She has further stated that after they brought the husband to the hospital in the auto of one Mohan Rao, the doctor told them that her husband was dead. She has also given reasons for the accused to attack her husband. The name of scribe is also to be found in the first information report. There were no contradictions in her evidence. She has supported the first information report fully.

New Delhi.