JUDGEMENT
Syed Shah Mohammed Quadri, J. -
(1.)On 11-7-1988 at about 3-30 P.M., the gravamen of the charge is, the first appellant committed the murder of Makineni Satyanarayana by stabbing him with a knife at the instigation of appellant No.2 at Chinaravuru Railway Station. The first appellant was tried for the offence punishable under Section 302 I.P.C. and the 2nd appellant was tried for the offence punishable under Section 302 read with Section 34 I.P.C. in Sessions Case No.97/89 on the file of the learned 2nd Addl. Sessions Judge, Krishna Division at Vijayawada. The appellants were convicted of the offences with which they were charged and were sentenced to undergo life imprisonment on 22-2-1991. Against their conviction and sentence, the appellants preferred this appeal.
(2.)The case of the prosecution is that M. Satyanarayana (hereinafter referred to as the 'deceased') had seven daughters and the 5th daughter, Kanakadurgamma, was first given in marriage to one Pathuri Venkateswararao of Chinnapalem in Tenali taluk in 1982. That marriage ended in divorce. Subsequently the first appellant who was also a divorcee married the said Kanakadurgamma in 1986. They lived happily for sometime. Thereafter some differences arose between them and an application for dissolution of marriage was pending in the civil court. After sometime of the marriage of Kanakadurgamma with the 1st appellant, he sought financial assistance from the deceased for establishing a printing press of his father, Hanumantharao, the 2nd appellant. The deceased did not agree. Kanakadurgamma, P.W.3 was having an amount of Rs.30,000/- in the joint account of herself, and her father, the deceased, in the Andhra Bank Amruthaluru. As that fixed deposit was matured, the deceased went to Tenali from his village Nalluru to withdraw the amount on 11-7-88. He was accompanied by his youngest daughter, Krishnaveni. They withdrew the amount and returned to their house. On the same day at about 3 P.M. the deceased informed his daughter, Krishnaveni, that he was going to the house in Nalluru village and would board the train at Chinaravuru Railway Station. Immediately after the deceased left, Krishnaveni recollected that she had to intimate to her sister Kanakadurgamma that their mother was to be operated for cataract on 14-7-88. Then she rushed to the Railway Station to convey to her sister the date of operation of her mother. There, she saw both A-l and A-2 in front of her father who was sitting at the booking office and heard the 2nd appellant instigating the first appellant to kill the deceased and remove the obstruction. Thereafter she also saw the first appellant stabbing the deceased with a knife. She got scared/returned to her house and went to the Railway Station accompanied by her mother in the same rickshaw. She did not find the deceased there. She was informed that the deceased was taken to the hospital at Tenali. Then they reached the hospital. Immediately after the deceased was stabbed, the clerk in-charge of Chinaravuru Railway Station who is known as the Station Master was told by the deceased that the 1st appellant stabbed him at the instigation of the 2nd appellant and he requested him to take him to the hospital. The said Station Master sent the deceased to the Government Hospital at Tenali. There he was examined by the Doctor, P.W.7, who issued a wound certificate, Ex.P-2. He also sent an intimation to the Magistrate for recording the dying declaration. P.W.12 recorded the dying declaration of the deceased, Ex.P-9, and P.W.7 certified that he was conscious and was in a fit condition to give a statement. He was then shifted to the Government Hospital at Guntur. There he died on 12-7-1988 at about 2 A.M. P.W.13 conducted autopsy on the dead body of the deceased and issued a post-mortem certificate, Ex.P-10. P.W.14 the Sub-Inspector of Police issued F.I.R., Ex.P-11. The Inspector of Police, P.W.15, conducted investigation and filed the charge sheet.
(3.)The plea of the accused was one of denial.
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