NADAKUDI VARA PRASAD Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal is filed by appellant-A1 in Sessions Case No. 82 of 2006 on the file of the Special Sessions Judge-cum-X Additional District and Sessions Judge, Krishna at Machilipatnam, whereunder the appellant has been convicted for the offence punishable under Section 302 of I.P.C. for causing the death of his sister, Gandhi Vijayalakshmi (deceased No. 1) and sentenced to undergo imprisonment for life and also to pay a fine of '100/-, and also convicted for the offence punishable under Section 326 of I.P.C. for causing grievous injuries to his father, Nadakudi Adesesha Rao (deceased No. 2) and sentenced to undergo rigorous imprisonment for five years. The case of the prosecution is that P.W.1 is the eldest son, A2 is the second son and deceased No. 1 is the daughter of deceased No. 2. As she was discarded by her husband, she was staying with her father and mother. Deceased No. 2 was having some landed properties and purchased some other properties and he purchased Ac.2.30 cents of land in the name of his sons and Ac.1.30 cents of land in the name of his wife and Ac.1.00 of land in the name of his eldest daughter-Anthuma Devi. There was no property in the name of deceased No. 1. A1 started living at Vijayawada along with his two sons and his wife A2 and he suffered some loss. Deceased No. 2, due to troubles sold away Ac.1.30 cents of land, which is in the name of his wife to P.W.7 for a consideration of ' 6,50,000/- and took an advance of ' 2,00,000/-. Coming to know about it, A1 came to A.Konduru and constructed a thatched hut near the house of deceased No. 2 and demanded share from the sale proceeds, for which deceased No. 2 refused. A1 also quarrelling with deceased No. 2 frequently. Deceased No. 2 gave a report against him and the police warned A1. There was also a panchayat with regard to above disputes. On 15-12-2004, wife of deceased No. 2 went to the house of her eldest daughter and A1 thought that she has gone for registration of the land. Therefore, A1 along with his wife and children hatched up a plan to do away with the life of deceased No. 2 and on 06-12-2004 at about 6.00 a.m., when deceased No. 2 came out of the house, Al, A2 and their sons picked up a quarrel with him and A1 hacked deceased No. 2 with Pota Kathi and deceased No. 2 fell down. In the mean time, A2 caught hold of the tuft of hair of deceased No. 1 and A1 went to her and with the same weapon hacked deceased No. 1 on her neck and she died instantaneously. P.W.1 raised cries and brought an Ambulance and shifted deceased No. 2 to Government Hospital, Tiruvuru. Deceased No. 2 was unconscious. The statement of P.W.1 was recorded by the police and it was registered as a case in Cr. No. 93 of 2004 under Sections 302 and 307 r/w 34 IPC and copies of F.I.Rs were sent to all the concerned. During the course of investigation, inquest was held over the dead body of deceased No. 1 and panchanama of the scene of offence was conduced and dead body was sent for postmortem examination. On 17-12-2004 A1 to A3 were arrested and the confessional statement of A1 was recorded and the weapon of offence was seized. The statement of witnesses was also recorded. The investigation discloses that the name of Srinivasa Rao, who is the son of A1 and A2 mentioned in the F I JR. is not correct, that he was not involved in the crime, that he was at Calcutta and his name was deleted. Deceased No. 2 was discharged from Sowmya Apollo Hospital on 12-02-2005 and thereafter, he died on 13-04-2005. The inquest was held over the dead body of deceased No. 2 and the dead body was sent for post-mortem examination. It was opined that the death was due to cardio respiratory arrest, which is due to head injury. Therefore, charge sheet was filed against A1 to A3 for the offence punishable under Section 302 r/w 34 IPC.

(2.) The case was taken on file as PRC No. 25 of 2005 by the Judicial Magistrate of I Class, Tiruvuru. The learned Magistrate committed the case to the Court of Sessions, Krishna. The Sessions Court made over the case to the X Additional District and Sessions Judge, Krishna at Machilipatnam for disposal in accordance with law.

(3.) After appearance of A1 and A2, charges under Sections 302 IPC against A1 and A2, 302 IPC against Al, 302 IPC against A2, 302 r/w 34 IPC against A2 and 326 and 307 IPC against A1 and A2 were framed, read over and explained to them in Telugu, for which they pleaded not guilty and claimed to be tried.