K SAHADEVA REDDY Vs. STATE

JUDGEMENT

(1.) THE sole accused in a case of murder, on being found guilty as per the charge and awarded life imprisonment, has brought forth this appeal. He was tried by the Court of Additional District Sessions Judge cum Chief Judicial Magistrate, Vellore, Vellore District, in Sessions Case No. 170/1997.

(2.) THE short facts, excepting unnecessary details, could be stated as follows:

(3.) PENDING investigation, on 17. 4. 1996, P. W. 22, the father of the deceased went to a tea shop and noticed a photograph of the deceased published in Andhra Jothi. P. W. 22, immediately, asked P. W. 21 his son, to go to Vellore, and enquire about the news published in the newspaper. Accordingly, P. W. 21 went to Vellore Town Police Station. The photograph of the deceased was shown to him by P. W. 13 the Investigating Officer. He found that the person who was murdered, was his brother. Immediately, he rushed to his native place and informed his father, P. W. 22. P. W. 21 along with others went to the Police Station. They were taken to the mortuary by the police personnels. The accused also went along with them. On seeing the dead body of the deceased, the accused cried out stating "i have committed a sin by killing him". Then only, the witnesses P. W. 21 and 22 came to know that the accused had committed murder. Thereafter, the accused was arrested. He gave a confessional statement which was recorded by the Investigating Officer in the presence of witnesses. The admissible part was marked as Ex. P. 4. Following the same, the accused produced M. O. 14 knife which was recovered under Ex. P. 5 mahazar. The material objects which were recovered from the place of occurrence, from the dead body of the deceased and the material objects produced by the accused were all subjected to chemical analysis, pursuant to which, the chemical analyst's report, Exs. P. 17 was placed before the Court. Finger print experts' report, Ex. P. 23 was also received by the Court. On completion of investigation, the final report was filed by the Investigating Officer and the case was committed to the Court of Sessions and necessary charge was framed.