THUMMA BABUL REDDY Vs. STATE OF A P

JUDGEMENT

(1.) THE sole accused in S.C.No. 527 of 2002 on the file of IV Additional Sessions Judge, Guntur, has filed the present appeal under Section 374(2) of Code of Criminal Procedure, 1973 challenging the conviction and sentence recorded against him under Section 302 IPC to undergo imprisonment for life.

(2.) THE case of the prosecution briefly stated is as follows: THE accused is the resident of Munnavaripalem. D-1 and D-2 were also residents of the same village. P.W. 1 is the wife of D-1. P.W. 2 is the son of D-1. P.W. 3 is the wife of D-2 and sister of P.W. 1. D-2 is the brother of the accused. D-1 and D-2's family used to cultivate lands by taking on lease. Accused is residing in the opposite house of the deceased. On the date of incident, in all 50 members returned from Bapatla after fixing the date of performance of marriage of the son of D-2. On that date, one Kumar and Chalamadu were disputing in respect of chit transaction and the persons present at that time pacified the dispute. While all were returning after pacifying the dispute, the accused gave liquor bottle to D-1 duly informing him to drink the same along with D-2. THEn, D-1 proceeded to the house of D-2. In D-2's house, D-1 and D-2 fell down after consuming the contents in the bottle. ON hearing the cries of D-2, P.W. 2 and others went there and they also raised cries. D-2 fell down by stating that their lives were collapsed as they drank the liquor given by the accused. THEn, P.W. 1 to 3 and some others shifted D-1 and D-2 on a tractor to Government Hospital, Bapatla, where the doctor advised to shift them to Ponnur. While they were moving towards Ponnur, D-1 died at Appikatla and D-2 died at Chintalapudi. THEn P.W. 1 to 3 and other villagers brought the dead bodies of D-1 and D-2 to their houses. THE elders of the village called the accused to know the incident and accused admitted their he gave the said liquor bottle to D-1. THEre are no prior disputes between the deceased and accused. Prior the incident in question, the son of accused died due to drowning in a tank and the dead body was taken out by D-1 from the tank and, as such, the accused bore grudge against D-1.

(3.) THE trial Court while accepting the evidence of P.Ws. 1 to 3 found that it is the accused who gave liquor containing the cyanide poison for consumption to D-1 and D-2 and accepted the evidence of prosecution that immediately after consumption of the same, both the deceased fell unconscious and died and accordingly the accused was found guilty of the charge leveled against him.