KUKAPALLI MOHAN RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) The suspicion that the deceased had illicit relationship with the wife of the accused was the reason for this mid-night murder. The accused had disclosed the same to PWs 8 and 9 and requested them to warn the deceased, or else, the accused announced that he would deal with the same and was even prepared to go to jail. PWs 8 and 9 warned the deceased, but the deceased reacted stating that the accused was only suspecting him.

(2.) At mid-night 12 O'clock on 13.6.2001, the deceased was sleeping on the western side of Pancha of his house along with wife PW 2. PW 3, brother of the deceased, was also sleeping inside the house along with the children of the deceased. At midnight PW 2 heard the cries of the deceased and woke up and saw the accused standing near the deceased with an axe. PW2 then called PW 3 who chased the accused, but he escaped leaving the axe at the spot. Noticing that the deceased was bleeding with head injury, PW 3 along with PW 5, brother-in-law of the deceased, took the deceased in a tractor of PW 12 to a private hospital of PW 7, where the deceased was declared dead. Later, PW 4, father of the deceased, informed the death of the deceased to PW 1, the Village Administrative Officer at 8.00 am on 14.6.2001. PW 1 scribed the report - Ex.P1 and presented the same to the police on 14.6.2001 and, on the basis of the same, PW 14, Sub-Inspector of Police registered Crime No. 34 of 2001 and issued the FIR Ex.P14.

(3.) PW 15, Inspector of Police, conducted the investigation and he visited the scene of occurrence and completed other formalities, including the inquest over the dead body of the deceased. PW 15 also requisitioned the services of the dog squad and seized the material object including the axe which was used for the commission of the offence. PW 13, the Civil Assistant Surgeon, held autopsy over the dead body and opined that the cause of death was due to shock and head injury.