MEKALA SIVAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant has filed the present appeal against the judgment and order dtd. 22/6/2012 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad (hereinafter referred to as 'High Court') in Criminal Appeal No.811/2008, whereby the High Court has dismissed the criminal appeal and upheld the judgment dtd. 4/4/2008 passed by the Court of Sessions Judge at Guntur (hereinafter referred to as 'Trial Court) whereunder, the appellant was convicted for the offence under Sec. 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and was sentenced to undergo imprisonment for life and also to pay a fine of Rs.500.00 and in default to suffer simple imprisonment for three months.

(2.) Briefly, the facts relevant for the purpose of this appeal are as follows: On 6/9/2006, the deceased (father of PW-1) and PW-1 went to the 14th mile centre of Lemalle Village to sell their vegetables. While PW-1 was getting the vegetables weighed, the deceased crossed the road and went to the shop of PW-3 to purchase tobacco leaves. PW-2 and PW-4 were also present at the place of occurrence. Having seen the deceased, the appellant, armed with a knife, came to the shop of PW-3 and sprinkled chilli powder into the eyes of the deceased, and stabbed him on the chest and abdomen, resulting in grievous injuries. The appellant immediately fled from the spot after seeing PW-1 to 4. The deceased was taken to the Government Hospital Amaravathi, where the doctors declared him dead.

(3.) On the basis of the aforesaid report given by PW-1, PW-7 registered the case being FIR No. 120/2006 dtd. 6/9/2006 at PS Amaravathi for the offence punishable under Sec. 302 IPC. Thereafter, PW-8 and PW-9 visited the place of occurrence, held an inquest over the dead body of the deceased, examined the eyewitnesses, arrested the appellant, and filed charge sheet against him. On 26/12/2007, charges under Sec. 302 IPC were framed and the appellant pleaded not guilty and claimed trial.