MOIDA RAMANA Vs. STATE OF ANDHRA PRADESH;REP

JUDGEMENT

(1.) The appellant-sole accused was tried by the learned Sessions Judge in S.C. No.292 of 1999 for an offence punishable under Section 302 of the Indian Penal Code. On evidence, the learned Sessions Judge found him guilty and, therefore, proceeded to convict him and sentenced him to suffer imprisonment for life and also to pay a fine of Rs.1,500.00 in default to suffer Rigorous Imprisonment for one month and 15 days.

(2.) The substance of the charge against the accused was that on the intervening night of 6th/ 7/06/1997 between 1 A.M. and 3 A.M., at Rellivalasa village, the accused alleged to have caused the death of one Pinninti Appalanaidu, aged about 30 years, by stabbing him with a knife.

(3.) The prosecution story can be briefly narrated as follows:- P.W.1 happened to be the mother and P.W.3 happened to be the brother of the deceased. The deceased and the accused were friendly and they were residing in Rellivalasa village. The deceased used to eke out his livelihood by doing poultry business and chit fund business and he was also running a tailoring shop. The deceased used to run his poultry business in the land which was taken on lease from one Moida Narasimhulu, who is examined as P.W.2, for a period of three years on a rent of Rs.1,500/-. He used to sleep in his poultry farm during nighttime, which is situated at a distance of one kilometer from the village. Along with the deceased, P.Ws.1 and 3 were also looking after the farm business. There was no electric supply to the farm of the deceased and that he was running it only with kerosene lamps.