1992 INSC 0174
                                                Chinnam Chandraiah

                                                           Vs

                                                     State of A. P.

                                        Criminal Appeal No. 390 of 1981

                                           (S. C. Agrawal, S. Mohan JJ)

                                                      06.03.1992

                                                     JUDGMENT

1. The accused was charged under S. 302, I.P.C. for an offence which took place on 25-9-1977. The
accused Chinnam Chandraiah and the deceased Chinnam Somulu were undivided brothers. There
were differences between them due to the demands of Somulu for partition of the property.

2. On the fateful day, when both of them and the mother were sleeping in front of the house in the
open yard, the accused beat the deceased with the cart-peg at about 11.00 p.m. causing bleeding
injuries. The deceased became unconscious. Thereafter, the deceased was taken to Inkollu for
medical aid where he died. Thus, the accused was charged under S. 302, I.P.C.

3. The prosecution examined P.Ws. 1 to 13 and marked Exs. P-1 to P-19 and MOs. 1 to 9. The
accused stated that he had no defence evidence to offer and his plea was one of denial. The learned
Sessions Judge accepting the evidence of P.Ws. 2-4, who were eye-witnesses came to the conclusion
that the accused alone was responsible for causing the injuries. P.W. 9 is the Medical Officer who
conducted the post-mortem on 27th May, 1977. On an examination of the injuries found on the
body, he was of the opinion that the death occurred due to shock and extensive damages to the brain
and multiple fractures etc. Accordingly, he issued a post-mortem certificate. The learned Sessions
Judge on a careful analysis of the evidence came to the conclusion that the prosecution has made out
fully the charge and accordingly convicted him u/S. 302, I.P.C.

4. On appeal the Division Bench of the High Court heard the appeal. Concurring with the learned
Sessions Judge, it found that the evidence of P.Ws. 2 to 4 clearly establishes the case of the
prosecution. Merely because there were some discrepancies which are immaterial. Their evidence
could not be disbelieved. They were neighbours. They had no inimical feelings towards family of
the accused. By reason of that independent evidence, the findings of the learned Sessions Judge
were accepted. The plea that the deceased was attacked by some unknown offenders was rejected
having regard to the conduct of P.Ws. 1 to 6. In fact, P.Ws. 1 to 6 tried their best not to inform
police about the incident.

5. It is argued that the evidence of P.Ws. 2 to 4 ought not to have been accepted. Further no one has
seen as to the actual occurrence. This is the only plea raised before us. We are unable to accept this
plea. On the contrary, we find the evidence is overwhelming. As a matter of fact, the evidence is to
the effect when P.Ws. 2 to 4 questioned the accused as to why he was beating the deceased, he
categorically stated unless the deceased is killed they cannot get rid of the evil in the house.
Therefore, the conclusion is inescapable that the deceased (accused?) alone caused the injury in the
manner suggested by the prosecution. The conviction u/S. 302 and the sentence of life
imprisonment are fully warranted in this case. We see no justification to interfere. The appeal is
accordingly dismissed. Appeal dismissed.

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