CHITTMALLA KRISHNA MURTHY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The accused-appellant herein was the sole accused in Sessions Case No. 552/1994, which was decided by the learned Sessions Judge, Warrangal. The accused-appellant was tried for offences punishable under Sections 302 and 506 of the Indian Penal Code and Section 27 of the Indian Arms Act. The learned Sessions Judge recorded the finding of guilt under all the above Sections and convicted and sentenced him to suffer imprisonment for life, rigorous imprisonment for three years and rigorous imprisonment for one year for the charges respectively. All the sentences were made to run concurrently.

(2.) The gravamen of the charge against the accused was that on 20-12-1992 at about 2.00 p.m., he killed one J. K. Venkataiah with his service rifle.

(3.) The prosecution story can be briefly narrated as follows. The accused appellant was working as an Armed Reserve Police Constable. The deceased Venkataiah was an Ex-Counsellor. The deceased illegally occupied the Government land about 15 years prior to the date of the incident. The land was divided into different plots, they were sold to various persons and one of such plots was purchased by the accused. The Government laid 80 ft. wide road in the said plot and, therefore, the accused lost about 75 per cent of the plot area under the road widening five years prior to the incident. The accused was asking the deceased to give him another plot in lieu of the plot he lost in the road widening. Thus the accused bore grudge against the deceased.