NAVAKOTI VEERA RAGHAVULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated June 11, 1991, rendered by Andhra Pradesh High Court in Criminal Appeal No. 624 of 1990, whereby it reversed the acquittal of the appellant of the charge under Section 302 of the Indian Penal Code and convicted and sentenced him thereunder.

(2.) The deceased Navakoti Gagarin was the son of the appellant and at the time of his death was aged about 21 years. In his childhood he had become a victim of polio and hence he used to move around in a tricycle. According to the prosecution case his parents used to ill treat and neglect him for his physical disability and their such inhuman attitude towards their own son prompted his maternal grand-father Ingilala Polaiah to take him to his house, where he (Polaiah) use to stay with his divorced sister Polamma, and adopt him as his son. In the year 1980 Polaiah died leaving behind 40 ankanama of non-agricultural land and a house. With a view to grabbing the above properties which were inherited and looked after by the deceased the appellant persuaded him to come to his village Manubolu and stay with him but a few days later he returned to his earlier home.

(3.) It is alleged by the prosecution that on October 26, 1988, at or about 10.30 p.m. when the deceased was returning home from Muthyalapet Centre of Gudur town on his try-cycle the appellant accosted him on the lane by the side of Pollaluru Kotareddy Mica Factory. He then poured kerosene oil on the deceased and set him on fire. The deceased raised a cry and hearing the same Krishnaiah (P. W. 1), Seshagiri (P. W. 2), Murlikrishna (P. W. 3) and Parvate Ramanaiah (P. W. 4), who were nearby, rushed to his rescue. In the meantime the appellant had managed to flee away.