PALASI BALAYYA Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973, (for short, "Cr.P.C") is filed by the appellant/ accused No.l against the Judgment, dated 28.12.2006, in Sessions Case No.93 of 2006 on the file of VIII Additional District and Sessions Judge, (Fast Track Court), Visakhapatnam, whereunder and whereby, the appellant was convicted of the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, "IPC") and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-, in default to undergo Simple Imprisonment for a period of two months.

(2.) THE brief facts that are necessary for disposal of the prosecution case may be stated as follows: One Boyina Matchayya (hereinafter referred to as "deceased") was a member of M.P.T.C. P.W.I is the wife and P.W.2 is the daughter, of the deceased. THEy were residing in the house of Lingaputtu village of Paderu Mandal. THEre were some disputes between Lochalli Devinaidu and Kondababu. On 14.11.2004 at about 9 p.m., Devinaidu went to the house of Kondababu in his absence, and behaved indecently with his wife, L.W.15-Somela Satyavathi, on which Kondababu warned him and later he went away. On 15.11.2004 Kondababu informed Al and A2, who are his relatives, about the same and all of them went to the house of Devinaidu in his absence and caused nuisance. THEn the deceased asked them not to create any nuisance at the house of Devinaidu as he was not present at his house, stating that the dispute would be raised in the panchayat. On the same day at about 6.30 p.m., Kondababu and both the accused again went to the house of Devinaidu anci damaged the tiles of the house. While Kondababu and others were returning, the deceased questioned both the accused, as to why they went to Devanaidu's house as they decided to raise the dispute before the Panchayat. THEn the accused quarreled with the deceased stating that he was supporting the caste of Devinaidu and thereby Al stabbed the deceased with a knife on his back and caused injuries and A2 supported Al in the act. As a result, the deceased fell down. THEn both the accused ran away from that place. THEn P.Ws.3 to 5 and some others took the injured to the Community Health Center, Paderu by arranging a Dooli (cradle). At that time the deceased was unconscious. Upon reaching the road point, he was taken to the GovernmentHospital. P.W.10, Sub-Inspector of Police, rushed to the hospital and recorded Ex.P5 statement from the injured- Matchayya. After reading over the contents, he obtained his signature on Ex.P5. He went to the police station and registered a case in Crime No.62 of 2004 for the offence punishable under Section 324 IPC. He examined P.Ws.l to 5, recorded their statements, visited the scene of offence and observed the scene of occurrence in the presence of P.Ws.6 and others. He also prepared Ex.P7 rough sketch. On 17.11.2004 at about 9 a.m. P.W.ll the A.S.I., Paderu got information about the movements of the accused in their village. THEn, he along with P. W.7 and another, went to the house of Al in the village and arrested both the accused. Al produced M.O.l-knife from his house and the same was seized under Ex.P2 mediators report. Accused was brought to the police station on the same day and produced before the Judicial Magistrate of First Class, V.Madugula. On 18.11.2004, police received the intimation from the Community Health Center, Paderu with regard to the death of the deceased. THErefore, P.W.11 altered the section of law from Section 324 IPC to Section 302 r/w 34 IPC against both the accused and sent the original F.I.R. to the Court and issued express F.I.R. to all the concerned. Upon receipt of the first information report, P.W.12-C.I. of Police took up further investigation. During the course of investigation, P.W.12 examined P.Ws.1 to 6; recorded their statements; held inquest on the dead body of the deceased in the presence of P.W.8 and sent the dead body for post mortem examination. P.W.9 conducted autopsy on the dead body of the deceased on 19.11.2004 and gave Ex.P4 - post mortem report opining that the deceased died due to bleeding into the right lung, leading to cardio respiratory arrest. THE material objects have been forwarded to the Regional Forensic Science Laboratory, Visakhapatnam and after receipt of the report and after completion of the investigation, P.W.12 laid the charge sheet.

(3.) AFTER the prosecution evidence is closed, accused were examined under Section 313 Cr.P.C., with reference to the incriminating evidence appearing against them in the evidence of prosecution witnesses. They denied the same. When the accused were called upon to enter into the witness box they examined D.W.1 to show that the accused has not caused any injuries to the deceased and Exs.D1 to D4 were marked.