PALAPARTI JAGANNAYAKULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in Sessions Case No. 128 of 1998, which was decided by the Learned III Additional Sessions Judge, Kakinada, is the appellant herein. The accused-appellant was tried for an offence punishable under Section 302 of the Indian Penal Code for causing the murder of (1) his mother, Subbayyamma (D1), (2) his brother Satyanarayana (D2) and (3) his sister-in- law Parvathi (D3) by hacking them with a knife on 8-12-1997 at 3.00 a.m., at A.K. Mallavaram village. On evidence, the learned Judge found the accused-appellant guilty and, therefore, sentenced him to suffer imprisonment for life and to pay a fine of Rs. 10,000/-, in default to suffer simple imprisonment for six months.

(2.) The prosecution story can be briefly narrated as follows : PW3 was the mother- in-law of Satyanarayana (D2). Her daughter Parvathi (D3) was given in marriage to Satyanarayana (D2). The accused was the elder brother of Satyanarayana (D2). The accused along with his wife and children were staying in a portion of a house, whereas D2 was staying in another portion of the house along with his wife and mother. There were disputes between the accused on one hand and his brother D2 and Subbayamma (D1) on the other hand. Both filed suits against each other. PW9 happened to be an Advocate appearing for the deceased in those civil suits and he spoke about the civil litigation between the parties.

(3.) PW1 happened to be a VAO, at A.K. Mallavaram. PW2 was the village servant. According to PW1, on 8-12-1997 at about 5.00 a.m., the accused came to his house in his hand and informed him that in the afternoon of the previous day, there was a dispute between himself and his brother Satyanarayana (D2) and the accused also confessed about the killing of all the three deceased. At the time of this confession, PW2 was also there with him. According to PW1, he recorded the statement of the accused, which was signed by the accused. PWs.1 and 2 also signed as attestors. Ex.P1 is the statement recorded by PW1. PWs.1 and 2 took the accused to Gollaprolu Police Station. PW14, Inspector of Police, received the statement, Ex.P1, along with the report of the VAO, which is marked as Ex.P2. PW14, on the strength of Ex.P1, registered the case in Crime No. 131/1997 against the accused-appellant under Section 302 IPC, and issued copies of the FIR, to all the concerned.