KURATIKAR SUDHAKARversusSTATE OF AN DH RA PRADESH

                    [2014] 14 S.C.R. 737


                  KURATIKAR SUDHAKAR                             A
                              v.
               STATE OF AN DH RA PRADESH
              (Criminal Appeal No. 404 of 2008)
                      AUGUST 12, 2014                            B
           [DIPAK MISRA ANDS. A. BOBDE, JJ.]
        Pena/Code, 1860-s.302-Murder-Twodeceased-
  Father and son hacked to death with an axe - Incident
  occurred at night when deceased were sleeping with their       C
  family members - Conviction of accused-appellant -
  Sustainability - Held: Sustainable - Evidence against the
  appellant was clear and unimpeachable - Hearsay of a
· defence witness cannot weaken the prosecution case or cast
  any doubt on the depositions of the son and wife of the two·
                                                                 0
  deceased, who naturally woke up to the sounds of hacking
  by the axe and saw the accused standing between the two
  c-0ts of the deceased and then saw him running away- These
  two were most natural witnesses whose presence at the scene
  could not be doubted, being members of the family -
  Corroboration from medical evidence - Police station was       E
  about 4 kilometers away from the place of incident and there
  was no evidence whether there was any road on which
  anybody could have travelled at night and therefore lodging
  the report in the morning did amount to delay- Jn any case,
  delay in registering FIR not fatal.                            F
      The appellant was charged u/s. 302 IPC for the
 murder of two persons. It was alleged that at night, while
 the two deceased, who were father and son, were
 sleeping with their family members, the appellant hacked G
 them with an axe. PW1 is the son of the 1st deceased
 while PW2 is the wife of the .znct deceased. PWs 1 and 2
 stated that they woke up because of the sound of
 hacking made by the axe of the appellant and found the
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                             737
738        SUPREME COURT REPORTS             [2014) 14 S.C.R.

A   appellant holding an axe and standing between cots of
   the two deceased. The appellant was acquitted by the
   Trial Court in respect of charge u/s.302 IPC mainly on
    the grounds that there was a delay of 17 hours in lodging
   the FIR; that the Police took 9 hours in sending the F.1.R.
B to the Court; that PWs 1 and 2 told D.W. 1 that some
    unidentified persons killed both the deceased, as
    narrated by D.W.-1; that the motive had not been
    established and further the evidence of P. W.-2 shows that
  . she was in sound sleep, and therefore, it was not
c possible for that witness and another to get up and see
    the appellant running away in the light of a solitary lamp
    in the street and both P.Ws. 1 and 2 could not have seen
    the accused, and that too from the back. In appeal filed
    by the State, the High Court found the appellant guilty of
o the offence u/s. 302 IPC and accordin!J.IY convicted and
    sentenced him to undergo life imprisonment. The High
    Court held that PWs1 and 2 were witnesses of truth and
    rejected the contention that as motive could not be
    discovered, the appellant was entitled for acquittal.
 E        Dismissing the appeal, the Court
           HELD:1. ·There is clear and unimpeachable
      evidence on the basis of which the appellant/accused
      must be held guilty for the murder of the two deceased
      on the night intervening 13/14-06-2000 u/s. 302 IPC.
 F    [Para 10][743-0-E]
        2. The counsel for the appellant heavily relied on
  the statement of D.W. 1, that he was told by P.Ws. 1 and 2
  that an unidentifie'd assailant had attacked the deceased.
G One fails to see how hearsay of a defence witness could
  weaken the prosecution case or cast any doubt on the
  depositions of the son and. wife of the two deceased,
  who naturally woke up to the sounds of hacking by the
  axe and saw the accused standing between the two cots

 H

                                                                 I~
    KURATIKAR SUDHAKAR v. STATE OF ANDHRA                      739
                  PRADESH

of the deceased and then saw him running away. These           A
two are most natural witnesses whose presence at the
scene cannot be doubted, being members of the family.
[Para 7][7 42-C-F]
      3. There is nothing to discredit the said two
witnesses. PW1 has clearly stated that he got up on B
hearing the sounds of hacking by the accused with an
axe and saw the accused ,standing between the two cots
of the deceased with an axe in his hand. Further, when
he tried to apprehend the accused he ran away along
with the axe, which he then threw on the roadside. The C
deposition of P.W. 2 is similar and identical in material
particulars. Depositions of P.Ws 1 and 2 r~mained
unshaken in the prosecution examination. The medical
evidence, from the deposition of P.W. 7 [Dr.], clearly
establishes that the injuries on the two deceased might D
have been caused by the same weapon. [Para 8]
[742-F-H; 743-A]
     4. The village was about 4 kilometers from the police
station and there was no evidence whether there was
any road on which anybody could have travelled at night        E
and therefore lodging the report in the morning cannot
amount to delay. In any case, delay in registering F.l.R. is
not fatal. [Para 9][7 43-B-D]
    CRIMINAL APPELLATE JURISDICTION : Criminal                 F
Appeal No. 404 of 2008.
      From the Judgment and Order dated 30.11.2005 passed
by the Hon'ble High Court of Judicature, Andhra Pradesh at
Hyderabad in Crl. Appeal No. 1264 of 2003. ·
     Ms. Niranjana Singh, Ram Bhaj and Ms. Madhu               G
Moolchandani, Advs. for the Appellant.
     S. Udaya Kumar Sagar and D. Mahesh Babu, Advs. for
the Respondent.

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740          SUPREME COURT REPORTS                   [2014] 14 S.C.R.


A           The Judgment of the Court was delivered by
            S. A. BOBDE, J.
       1. The appellant was acquitted by the Trial Court in
  respect of a charge under Section 302 of the Indian Penal
  Code (hereinafter referred to as 'the IPC') for the murder of
8
  two persons: one Kuratikar Laxman and one Kuratikar
  Thukaram. In appeal filed by the State, the High Court of Andhra
  Pradesh found the appellant guilty of the offence under Section
  302 IPC and accordingly convicted and sentenced him to
C undergo life imprisonment.
           · 2. According to prosecution Kuratikar Laxman
      (hereinafter referred to as '1 st deceased') and Kuratikar
      Thukaram (hereinafter referred to as '2nd deceased') were
      father and son. The appellant and the deceased are residents
0     of Govindapur, Adilabad and were related to each other. The
      1 st deceased used to give medicine to the cattle for snakebite.
      The 2nd deceased gave country-made medicine to the cattle
      for any disease. About 15 days prior to the date of incident,
      the father of the accused apparently became deranged and
E     started wandering in the village. Five months before the
      incident, the paternal aunt of the accused died of some
      disease; three years prior to the date of incident, the grandfather
      of the accused and another relative died due to sickness. The
      accused suspected that the above events happened because
 F    the 1 st deceased practiced witchcraft and therefore
      the accused decided to do away with the lives of deceased
      1and2.
         3. On the night intervening 13/14-06-2000, the accused
  found the deceased sleeping along with their family members
G in front of their house and wentthere with an axe. He first hacked
  the 1 st deceased with an axe on his throat and then struck the
  2nd deceased twice on his throat and caused severe bleeding
  injuries. On hearing the sounds of attack, the complainant woke
  up and witnessed the incident as well as saw the accused
H holding an axe in the electric light. The accused then ran away
     KURATIKAR SUDHAKAR v. STATE OF ANDHRA                        741
            PRADESH [S. A. BOBDE, J.]

on hearing the hue and cries raised by the complainant. The        A
complaint was lodged by the elder son of the 1st deceased on
14.06.2000 at about 8.00 a.m. The Sub Inspector of Police,
Asifabad, registered a crime for the offence under Section
302, IPC. Inquest was conducted and bodies were sent for
post mortem. The doctor opined that both the deceased died         B
due to hemorrhage and shock.
      4. A charge sheet was accordingly filed. The Trial Court
acquitted the accused mainly on the grounds that there was a
delay of 17 hours in lodging the F.l.R.; theAsifabad Police took
9 hours in sending the F.1.R. to theAsifabad Court.Also that · C
P.Ws. 1 and 2 told D.W. 1 that some unidentified persons killed
both the deceased, as narrated by D.W.-1. According to the
Trial Court, the motive had not been established and further
the evidence of P.W.-2, who was wife of the 2nd deceased,
shows that she was in sound sleep, and therefore, it was not D
possible for that witness and another to get up and see the
accused running away in the light of a solitary lamp in the street
and both P.Ws. 1 and 2 could not have seen the accused, and
that too from the back. Thus, the evidence is suspicious and
the prosecution had failed to prove guilt of the accused beyond E
reasonable doubt and accused was entitled for acquittal.
       5. The High Court in Criminal Appeal, referred to the direct ·
evidence of P.Ws. 1 and 2, i.e. the son ofthe 1st deceased
and the wife of the 2nd deceased. The High Court accepted
that these were witnesses of truth, who had been sleeping near F
the accused on their cots and woke up because of the sound
of hacking made by the axe of the accused. P.W. 1 had stated
that he woke up because of the sound and found the accused
holdir19 an axe and standing between two cots of both
deceased. P. W. 2 had categorically stated that on hearing the G
sound of hacking made by the axe of the accused, she woke
up and saw the accused standing between the cots of her
husband and her father-in-law with an axe in his hand. The
High Court rejected the contention that because the motive
cannot be discovered, the accused is entitled for acquittal since H
742         SUPREME COURT REPORTS                  [2014] 14 S.C.R.
                          .. ;


A     it was not always possible to ascertain the real motive. The
      High Court observed that the actor may plan to do the act;
      though there may be no evidence of the preparation. The High
      Court, however, observed that the failure to discover the motive
      did not signify its non-existence.
B           6. The High Court observed that the father of the accused
      had started wandering in the village due to madness and that
      in the cross examination of P.W. 2 [wife of 2nd deceased] it
      was put to her that father-in-law (1 st deceased) was practicing
      sorcery, which she denied. This strengthens the case of the
C     prosecution that the accused suspected that the 1 st deceased
      is responsible for the ill health and madness of his father and
      therefore he bore a grudge against the deceased.
          7. We have heard the learned counsel for the parties and
    perused.the,evidence on record. The learned counsel for the
0 appellant heavily relied on the statement of D.W. 1, that he
   was told by P.Ws. 1 and 2 that an unidentified assailant had
   attacked the dec;eased. We fail to see how hearsay of .a
   defence witness could weaken the prosecution case or cast
    any doubt on the depositions of the son and wife of the two
E deceased, who naturally woke up to the sounds of hacking by
   the axe and saw the accused standing between the two cots
   .of the dec;.eased and then saw him running away. These two
    are most natural witnesses whose presence at the scene
    cannot be doubted, being members of the family.
F,
          8. We have examined the depositions of these two
   witnesses and have found nothing to discredit the said
   witnesses. P. W. 1 has clearly. stated that he got up on hearing
   the sounds of hacking by the accused with an axe and saw the
G accused standing between the two cots of the deceased with
    an axe in his hand. Further, when he tried to apprehend the
    accused he ran away along with the axe, which he then threw
    on the roadside. The deposition of P.W. 2 is similar and
    identical in material particulars. Depositions of P.Ws 1 and 2
    remained unshaken in the prosecution examination. The
H
     KURATIKAR SUDHAKAR v. STATE OF ANDHRA                          743
            PRADESH [S. A. BOBDE, J.]

medical evidence, from the deposition of P.W. 7 [Dr. Anitha         A
Rani], clearly establishes that the injuries on the two deceased
might have been caused by the same weapon.
      9. The learned counsel for the appellant also argued on
the question of delay in lodging the F.l.R. The High Court
considered this question and found that though the offence B
was committed in the night intervening 13/14-06-2000, the
matter was reported to the police on 14th June, 2000 at about
8.00 a.m. The village was about 4 kilometers from the police
station and there was no evidence whether there was any road
on which anybody could have travelled at night and therefore C
lodging the report in the morning cannot amount to delay. In
any case, delay in.registering F. l.R. is not fatal. We agree with
the above findings of the High Court. We find the contention of
the learned counsel for the respondent acceptable in this
regard. Learned counsel for the respondent has referred to all D
the material evidence on record to bring home the guilt of the
accused.
      10. On the evidence thus, we find that there is clear and
 unimpeachable evidence on the basis of which the app_ellant/
·accused must be held guilty for the murder of Kuratikar Laxman     E
 and Kuratikar Thukaram on the night intervening 13/14-06-
 2000 under Section 302 IPC.
    11. In the circumstances, we find there is no merit in the
appeal and the same is hereby dismissed.
                                                                    F

Bibhuti Bhushan Bose                            Appeal dismissed.