JOGU YADESH Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in Sessions Case No.10 of 1978 on the file of the Additional Sessions Judge-cum-Metropolitan Sessions Judge, Hyderabad js the appellant. He was convicted under Section 302 I. P. C. and was sentenced to suffer imprisonment for life on the ground that he caused the death of one Galla Narayana aged about 70 years in the night intervening the 17th and 18th of April, 1978.

(2.) The case of the prosecution is . Galla Narayana, the deceased in this case (who will hereinafter be referred to as the deceased) was a resident of Ameerpet village in Ibraheempatnam taluk of Hyderabad district. After the death of his first wife, he married Balamani (P.W.3). About seven years before the occurrence, the deceased employed Jogu Yadaiah, the accused, as his farm-servant. Illicit intimacy was developed between P.W.3 and the accused. One day by the time the deceased returned from Hyderabad city, he found P.W 3 and the accused In a compromising position. From that time, the deceased was finding fault with P.W.3 off and on even though she was not faulty and was quarrelling with the accused very often. Vexed with the attitude of the deceased. the accused gave up service under him some time in the year 1977. When the deceased demanded the accused to pay back the amount taken by him in advance, the accused refused to pay the amount. The deceased got a panchayat held before the Sarpanch (P.W. 6). it was found at the panchayat by the Sarpanch that the accused had to pay a sum of Rs 500/- to the deceased. P.W. 6 said that the accused might either pay the entire amount of Rs. 500/- or discharge the same by further service under the deceased The accused agreed to the latter course and worked under the deceased for a few more months and gave up service under the deceased about six months prior to the date of the occurrence when the balance payable by him was about Rs. 300/-.

(3.) Alter giving up service under the deceased, the accused was damaging the electric pump-sets fixed to the wells of the deceased in the fields. He was also breaking the ploughs of the deceased when the ploughs were left in the fields. The deceased was complainina to the Police Patel (P.W.1). against the accused and as advised by the Police Patel (P.W. 1) he did not give any report to the Police.