YEDLAPATI RAGHAVENDRA PRASAD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Criminal Appeal No.739 of 1999 is filed by the sole accused in Sessions Case No.695 of 1997, who was tried by the First Additional Sessions Judge, Warangal for an offence punishable under Section 302 IPC. On evidence the learned Judge has convicted him and sentenced him to suffer imprisonment for life and also to pay a fine of Rs.5,000/- and in default to suffer simple imprisonment for one year. Whereas Criminal Revision Case No. 11 of 2000 is filed by the defacto complainant for enhancement of sentence. Both the cases arise out of Sessions Case No.695 of 1997, they are disposed of by a common judgment.

(2.) The gravamen of the charge against the accused was that on 6-2-1997 at about 9-00 p.m. the accused-appellant herein committed the murder of one Kothapalli Madhava Rao at Chaitanyapuri Colony, Kazipet.

(3.) The prosecution case can briefly be narrated as follows: That the accused was working as a Medical Officer in Regional Engineering College Campus Dispensary at Warangal. The deceased was working as a Professor in Electrical and Electronics Engineering in Regional Engineering College, Warangal. PW1 happened to be the son of the deceased. PW10 happened to be the wife of the deceased. The deceased was suffering with heart pain and he was required to undergo Angioplasty about one and half year prior to the date of incident. The deceased used to visit the dispensary where the accused was working for regular check up and also for medicines. Whenever the medicines were not available in the dispensary, the deceased used to purchase medicines from the medical shops and used to present the medical bills to the accused for issuance of medical certificate to claim reimbursement. It is further stated that the accused was not certifying the medical bills submitted by the deceased with regard to the non-availability of medicines and he was harassing the deceased. The deceased alleged to have lodged a complaint with the Principal of Regional Engineering College, Warangal. The deceased was the President of Regional Engineering College Teachers Association and protested against the high handed action of the accused. It is said that on one occasion there was exchange of abuses between the accused and the deceased in the house of one Adinarayana Reddy, who was examined as PW17 in this case. At that time the accused alleged to have proclaimed that the would kill the deceased. It is said that PW1 went to the Regional Engineering College Club to question the accused and slapped him. On that, the accused told PW1 that he would see the end of the deceased.