ANNE NAGESWARA RAO Vs. PUBLIC PROSECUTOR ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment of the Andhra Pradesh High Court allowing an appeal by the State against the judgment of the learned Sessions Judge of Krishna acquitting the appellant and convicting him for an offence under S. 302 I.P.C.

(2.) The prosecution case was that on 2-4-1969 at 4 p,m, the deceased and P.Ws, 1 and 2 left their village and were going to Telaprolu for seeing a festival there and they were carrying some vegetables with them on 'kavadies' to sell there. P.Ws, 1 and 2 were going in front while the deceased was coming behind. They saw the appellant coming on a cycle and passing them and hearing a thud turned back and saw the appellant stabbing the deceased. This was at about 5 o'clock. They sent word through some villagers to the members of the family of the deceased about the incident and as nobody turned up till 9p.m. P.W. 1 went to Telaprolu and informed the Circle Inspector of Police. The FIR was registered at 10 O'clock and the Inspector and two policemen reached the scene of occurrence at 11.30 p.m. The learned Sessions Judge after considering all the evidence acquitted the accused but the High Court on appeal by the State set aside the judgment of the Sessions Judge and convicted the appellant.

(3.) The P.Ws, 1 and 2 are the only two witnesses who speak to the occurrence. There was an incident on the 1st of April, 1969 in which there was a quarrel between one Anne Koteswara Rao and the mother of the deceased and some others belonging to Anne Koteswara Rao's party came there and beat the brother of the deceased. One Nakka Venkateswara Rao, P.W. 5., was said to have interfered and been beaten by the appellant and others. In the meantime the deceased who came there also abused the appellant and others of his party. This is said to be, the motive for the murder.