DUVVUR DASRATHARAMMAREDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal,by special leave, by the accused is against the judgment and order dated March 11, 1970 of the High Court of Andhra Pradesh confirming his conviction for an offence under Section 302, I. P. C, and the sentence of death passed for the said offence.

(2.) The appellant was charged of the offence of causing the death of his father-in-law Adepareddi by beating him with a battle axe on his head on the night of May 9, 1969 and also for an offence under Section 201, I. P. C, by digging a pit and burying the dead body and thus causing the evidence of murder to disappear. Though he was convicted also for the offence under Section 201, I. P. C. no separate sentence has been passed as he has been sentenced to death for the offence under Section 302, I. P. C.

(3.) The deceased Adepareddi was a ryot of Varagali owning five acres of land irrigated by pumpset. He was aged about 60 years and he was living in his village with his wife P. W. 3, aged about 40 years, two daughters, P. Ws. 4 and 5, and his two young sons. One K. Ramireddi, a cousin brother of the deceased was also living along with the family in the same house. P. W. 5, the eldest daughter of the deceased had been married to the appellant about 1 1/2 years prior to the incident and he was also staying with the deceased as his illatam son-in-law and helping the deceased in his agricultural operations. There were two servants P. Ws. 1 and 2, who were also staying in the house. P. W. 1 was looking after the cattle of the deceased and P. W. 2 was attending to cultivation under the direction and control of the deceased and the appellant. It may be mentioned that P. W. 1 belonged to the village of the appellant and he came over to the house of the deceased along with the appellant when he was married.