BARRE KANTHA RAO 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 directed against the judgment dated 05.12.2006 in Sessions Case No.451 of 2004 on the file of the III Additional Sessions Judge (Fast Track Court), Bhimavaram, where under and whereby the appellants/ A.1 to A.4 were convicted of the offence punishable under Section 302 read with 34 of the Indian Penal Code, 1860 (for short, 'IPC') and sentenced to undergo imprisonment for life and to pay fine of Rs.500/- each, in default to suffer simple imprisonment for six months.

(2.) THE case of prosecution, in brief, may be stated as follows: THE accused are residents of Konithiwada village. One Injeti Ramarao (hereinafter referred to as 'the deceased') was also resident of the same village. A.1 is father of A.2 and A.3. A.4 is stepfather of A.1. P.W.I is the mother and P.W.2 is the father, of the deceased. Marriage of the deceased was performed in the year 2002 with one Dundi Teja of Mandapaka village. THE deceased lived with his wife for two years only, and later, disputes arose in between them and wife of the deceased left the deceased and went away to house of her parents. THEreafter, the deceased developed illegal intimacy with one Chinni of his village. A.1 and the deceased quarrelled with each other in one marriage function with regard to said Chinni. Elders of the village intervened, separated them, and admonished them. THE deceased left the place saying that the accused would kill him and apprehended danger in their hands. Due to fear, the deceased went to house of his parents-in-law in Mandapaka village to safeguard his life. Three months thereafter, the deceased came back to his house from Mandapaka, and joined in Video shop of one Reddy of Konithiwada village.THE deceased used to attend his work and came back to his house and did not go outside due to fear of the accused. On the date of the incident at about 7.00 PM, the deceased went to the house of P.W.3 for the purpose of receiving phone and sat at the house, at that time, A.1 invited the deceased to the statue of Ambedkar to talk something. When the deceased reached to the Ambedkar statue along with A.1, A.4 hacked the deceased with a knife. A.1 hacked the deceased with a vegetable cutting knife. A.3 and A.4 beat the deceased with sticks. THE deceased fell on ground in pool of blood. THE deceased was having life at that time. P.Ws.1 and 2 rushed to the spot where they found the deceased in a pool of blood. While P.Ws.1 and 2 were going to the Ambedkar statue, the accused came in opposite direction, and when due to fear, P.Ws.1 and 2 prayed them by raising hands not to do anything to them, A.1 to A.4 threatened them that they would also kill them. P.Ws.3,4,7 and some others witnessed the incident. All the witnesses informed to P.W.I that A.1 to A.4 hacked the deceased and went away. P.W.I found the deceased having breathing in the pool of blood. P.W.2 went to the house of P.W. 15-Village Sarpanch and informed about the incident to him. P.W.15 came to the scene of occurrence and found the deceased in a pool of blood and telephoned to police. Police came to the scene of occurrence at 8.00 PM and took the deceased to the Government Hospital, Bhimavaram in Auto rickshaw. THE deceased was alive and not conscious. Doctor started treatment and the deceased died at 9.00 or 10,00 PM. THEreafter, P.W.I gave report to police. P.W.19-the then Sub Inspector of Police of Veera Vasaram police station, received death intimation of the deceased from Government Doctor, Bhimavaram at 9.45 PM. THEre after, P.W.19and P.W.I went to the Veera Vasaram police station and after receipt of Ex.P1 -report from P.W.I, P.W.19 registered case in crime No.100 of 2003 for the offence under Section 302 read with 341.P.C. under Ex.P24- First Information Report. P.W.20-the then Circle Inspector of Police took up investigation, visited hospital and recorded statements of P.Ws.1 and 2. He also examined A.1 and recorded his detailed statement in another case in crime No.99 of 2003. He visited the scene of offence and seized material objects under Ex.P15. He conducted scene of offence panchanama and inquest over the dead body of the deceased in the presence of P.Ws.12 and 13. He got photographed the dead body of the deceased through P.W.11, and thereafter sent the dead body for postmortem examination. He arrested A.2 to A.4 on 21.11.2003 at 2.00 PM at Nowduru Bhimavaram Road in the presence of P.Ws.12 and 13 and recorded their confessional statements. He arrested A.1 on 26.11.2003 and recorded his confessional statement before mediators.P.W.17-the then Deputy Civil Surgeon, Community Health Centre, Bhimavaram, on requisition, conducted autopsy on the dead body of the deceased on 21.11.2003 at 5.00 PM and opined that the deceased would appear to have died of multiple injuries on his body and haemorrhage and shock. After completion of investigation, P.W.20 laid the charge sheet.

(3.) AFTER closure of prosecution side evidence, the accused were examined under Section 313 Cr.P.C. to explain the incriminating evidence found against him in the evidence of prosecution witnesses. The accused denied the same. No evidence, either oral or documentary, is adduced on behalf of accused.