LAWS(SC)-2009-11-21

GAJULA SURYA PRAKASARAO Vs. STATE OF ANDHRA PRADESH

Decided On November 10, 2009
GAJULA SURYA PRAKASARAO Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This appeal by special leave is directed against the Judgment rendered by a Division Bench of the Andhra Pradesh High Court confirming the conviction of the appellant for the offences punishable under Sections 302 and 307 of Indian Penal Code, 1860 (in short "IPC"). The High Court by the impugned judgment confirmed the judgment passed by the Principal Sessions Judge, Eluru convicting the appellant under Sections 302 and 307 of IPC and sentencing him to suffer imprisonment for life and rigorous imprisonment for seven years, respectively, and further to pay a fine of Rs. 1,000/- each and in default, to suffer simple imprisonment for a period of six months each.

(2.) In the nutshell, the prosecution version which led to the trial of the appellant is as under:

(3.) On the intervening night of 7th/8th April, 2002 appellant went to the house of the deceased in Venkatayapalem village with an intention to end the life of the deceased and knocked at the door of the deceased which was opened by the wife of the deceased, Cherukuri Srinukumari (PW-3) and the appellant-accused all of a sudden hacked and attempted to kill her by inflicting severe injuries on her body, as a result of which she fell down and then he rushed towards the deceased who was sleeping and hacked him by inflicting severe injuries. The appellant after committing the offence escaped from the place of occurrence by bolting the door from outside. The daughter of the deceased Sri Surekha (PW-4) aged about 9 years raised hue and cry upon which the neighbours opened the door from outside and informed Cherukuri Gangaraju (PW1) who is a close relation of the deceased who thereafter informed Gopalapuram Police Station and lodged first information report at about 4.00 a.m. on 8th April, 2002. A case was registered as Crime No. 30 of 2002 under Sections 302 and 307 read with Section 34 IPC against unknown persons.