RELANGI ADINARAYANA Vs. STATE OF A P

JUDGEMENT

(1.) THE accused in Sessions Case No.370 of 2006 on the file of the V Additional Sessions Judge, Fast Track Court, East Godavari at Rajahmundry, who was convicted for the offence under Section 302 I.P.C and sentenced to undergo imprisonment for life and also to pay fine of Rs. 5,000/-, in default, to undergo simple imprisonment for three months, is the appellant herein.

(2.) THE case of the prosecution is that the deceased Gelam Satyanarayana @ Sattibabu is a resident of Diwancheruvu village and Yadava by caste. THE accused is toddy taper by profession and he is also a resident of the same village. THE accused has occupied a house site in the tank bed situated by the side of road running from Diwancheruvu Centre to Srirampuram and there was a dispute between him and Vulli Ramu-P.W.11. THE matter was placed before the elders and the elders directed the accused to remove the fence in which panchayat, the deceased was also said to be one of the members. As the accused has refused to do so, P.W.11 again complained to the deceased and other villagers and they visited the house of the accused and asked them to remove the fence. THE accused did not accept their advise and therefore, the accused developed grudge against the deceased for consistent demand for removal of the fence and that on 28-03-2006, at about 8-30 a.m., when the deceased went to the hotel of Chitikena Vigneswarudu, as P.W.7, the accused went behind him and indiscriminately stabbed with a knife on his stomach, hands and right upper arm etc., with an intention to kill him. At that time, P.W.3 intervened and he also received injuries. THE incident was witnessed by P.Ws.4 to 6. THE deceased was taken to the hospital where his statement was recorded by the Sub Inspector and thereafter, a dying declaration was recorded by the Mandal Revenue Officer on the same day. THE statement of the deceased was registered as a case in Crime No.52 of 2006 under Section 307 I.P.C. and was investigated into. During the course of investigation, the panchanama of the scene was conducted, statements of the witnesses were also recorded. P.W.3 was also sent for medical examination. While the investigation was pending, the deceased is said to have died on 14-04-2006 and the section of law was altered into one under Section 302 I.P.C. and the inquest was held on the dead body of the deceased and it was sent for examination. Before the alteration on 03-04-2006, the accused was arrested and his confessional statement was recorded and in pursuance of the contention, the blood stained shirt and knife were seized during the course of investigation and the properties were sent to Forensic Science Laboratory for examination. After completion of the investigation, the accused was charged for the offence under Section 302 I.P.C.

(3.) ON behalf of the prosecution, P.Ws.1 to 9 were examined and marked Exs.P-1 to P-29 and M.Os.1 to 7. The contradictions-Exs.D-1 and D-2 in the evidence of P.Ws.1 and 3 are marked.