LAWS(SC)-1992-3-91

CHINNAM CHANDRAIAH Vs. STATE OF ANDHRA PRADESH

Decided On March 16, 1992
CHINNAM CHANDRAIAH Appellant
V/S
STATE OF ANDHARA PRADESH Respondents

JUDGEMENT

(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.