THIRUCHANUR AMARANATH Vs. STATE OF A.P.

JUDGEMENT

(1.) The accused - T.Amaranath, in Sessions Case No.330 of 2011 on the file of III Additional Sessions Judge (F.T.C), Anantapur, preferred the present criminal appeal challenging conviction and sentence passed against him for the offences punishable under Sections 324 and 302 I.P.C to undergo imprisonment for life and to pay fine of Rs.1,000/- in default to suffer simple imprisonment of one month. Further, the accused was also sentenced to suffer simple imprisonment for a period of six months, while ordering both substantive sentences to run concurrently.

(2.) The case of the prosecution in nutshell is that, one Jayakumar, aged 23 years S/o Suryanarayana, was the resident of Narasimpalli, Tadimarri Mandal, while the accused - Amaranath and one Sumathi - P.W.10, sister of the accused were also residents of the same village. Jayakumar after completing his studies at Anantapur, attended management of Brahmamgari Temple, whereas the sister of accused Sumathi was studying X Class in Rajendra Municipal High School, Anantapur by staying in Balasamudram hostel. She completed her education one year before the incident, she developed acquaintance with Jayakumar and both of them became close to each other, developed illicit intimacy.

(3.) Twenty days prior to the incident, Jayakumar came to Narasimpalli to attend domestic work. While so, during broad daylight at 12.30 noon, when P.W.10 - Sumathi was present alone in her house, Jayakumar went to her house. Surprisingly, the accused who went outside returned to the house and noticed the presence of Jayakumar with Sumathi. Immediately, the accused took the axe, dealt a blow on the rear side head of Jayakumar and caused head injury. The accused also inflicted injuries on P.W.10 - Sumathi, as a result, there was hue and cry in the house. On hearing the cries, P.W.-1 V. Krishnamurthy and some others who were present nearby the scene of offence, witnessed the accused going away from the scene of incident holding the weapon used in commission of offence (M.O.5). While leaving the scene of offence, the accused yelled that, he caused death of brother-in-law of P.W.1-V. Krishnamurthy. Immediately, P.W.1 and others entered into the house and found the body of Jayakumar in pool of blood with hack injuries and also noticed the presence of P.W.10 - Sumathi with hack injuries, sitting near Jayakumar. Immediately, P.W.1 -V. Krishnamurthy, P.W.5 - Srinivasulu, P.W.3 - Indiramma and L.W-7 Ramalakshmamma shifted the injured Jayakumar to R.D.T Hospital, Bathalapalli, where first aid was given to him and from there, he was taken to Government General Hospital, Anantapur, where Jayakumar succumbed to injuries on the same day i.e. on 26.02.2011. The injured P.W.10 - Sumathi, was also shifted to Government Hospital, Anantapur by her mother. On the complaint of P.W.1 - V.Krishna Murthy, Assistant Sub Inspector of Tadipatri Police Station registered a case in Crime No. 5 of 2011 under Sections 324 and 302 of I.P.C, issued F.I.R and submitted original F.I.R. to the jurisdictional Magistrate and concerned higher officials of the Department.