LAWS(APH)-2010-12-9

GUNTAMUKKALA VENKATA NAGARJUNA Vs. STATE OF A P

Decided On December 23, 2010
GUNTAMUKKALA VENKATA NAGARJUNA Appellant
V/S
STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD Respondents

JUDGEMENT

(1.) THE third accused in Sessions Case No.337 of 2004, on the file of XI Additional District & Sessions Judge, (Fast Track Court), Guntur at Tenali, who was convicted of the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, 'IPC'), and sentenced to undergo life imprisonment and to pay a fine of Rs. 2,000/-, in default to undergo simple imprisonment for a period of four months, is the appellant herein.

(2.) A case was originally filed against seven accused persons and the case against A-l and A-2 was separated and thereafter, A-3 to A-7 were tried by the learned Sessions Judge.

(3.) P.W.20, who is the Circle Inspector of Police, Tenali, took up the investigation. During the course of investigation, the statements of the witnesses were recorded; panchanama of the scene of offence was conducted and after the death of the deceased, P.w.20 also held inquest over the dead body of the deceased on 06.07.2003 from 1.00 p.m. to 3.00 p.m. and it was sent for post mortem examination; During the course of investigation. P.W.20 arrested A-5 on 01.08.2003 at Kaviraja Park, Nandula Pet, Tenali, in the presence of P.W.15-Mediator and another mediator under cover of Ex.P11-Mediators Report. In pursuance of the confession made by A-5, P.W.20 arrested A-1 to A-6 on the same day at 5.00 p.m. at Kolluru in the house of A-6 in the presence of P.W.15 and another mediator under cover of Ex.P-12-Mediators Report. P.W.20 seized item Nos.1 to 61 which are the stolen properties were recovered i.e., item Nos.1 to 20 were seized from the possession of A-1; Item Nos.21 to 30 were seized from the possession of A-2; item Nos.31 to 40 were seized from the possession of A-3; item Nos.41 to 49 were seized from the possession of A-4; and Item Nos.50 to 61 which are worth Rs.5 lakhs were seized from the possession of A-6. Thereafter, the accused were sent for remand.