KOMERA MOSES Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Appeal is filed under Section 374(2) Cr.P.C. against the judgment of conviction and sentence passed by the learned Metropolitan Sessions Judge-cum-III Additional District & Sessions Judge (Fast Track Court), Ranga Reddy District at L.B.Nagar against the appellant in S.C.No.219 of 2006 dated 29.03.2007 whereby the appellant was convicted under Section 302 IPC and sentenced to suffer imprisonment for life and also to pay a fine of Rs.300/-, in default, to suffer rigorous imprisonment for three months. He is also sentenced to suffer rigorous imprisonment for one year for the offence punishable under Section 324 IPC and also to suffer rigorous imprisonment for three months for the offence under Section 323 IPC.

(2.) THE necessary facts leading to file this appeal are as follows: THE appellant is a resident of Ayodhyanagar and a rowdy sheeter of jeedimetla having been involved in several cases. THE accused used to utilize the services of PW2 - son of the deceased and the younger brother of PW1 for the purpose of his illegal activities. While so, on 26.03.2006, at about 8.30 a.m., the accused sent PW4 to call PW2 to utilize his services as usual, but PW1 and his deceased father refused to send PW2 to the accused and the same was informed to the accused. Immediately, the accused picked up a talwar, went to the house of the deceased and called PW2 by abusing him. When PW2 came out of the house, the accused beat him with hands. When PW1 went to rescue PW2, the accused beat PW1 also with talwar and attempted to kill him, then the deceased came and questioned the accused as to why he was beating his son. Immediately, the accused attacked the deceased by beating him with talwar on the head and the deceased started running in order to escape from the accused, then the accused by chasing him, cut the hand and throat of the deceased and brutally murdered him with talwar. In that process, the accused also sustained injuries to the right palm. THE accused, later, went to his house and absconded. PW1 - the son of the deceased, rushed to the police station and lodged a complaint against the accused, which was registered by PW14 as a case in Gr.No.256 of 2006 under Sections 302, 307 and 323 IPC. PW14 immediately took up investigation, conducted scene of observation panchanama in the presence of all mediators, prepared a rough sketch of the scene of offence and held inquest over the dead body of the deceased in the presence of PWs.9 and 10. He sent the dead body for post mortem examination. PW12 - Medical Officer, who conducted autopsy over the dead body of the deceased, opined that the cause of the death of the deceased was due to cut of throat injury. On 31.3.2006, at 09.00 a.m., PW14 arrested the accused and recorded his statement. Based on the confessional statement, MO1 was seized which was used for commission of offence in the presence of PW13 and others. After completion of investigation, charge sheet was filed.

(3.) IN order to prove that the accused was responsible for causing the death of the deceased, the prosecution examined PWs.1 to 7, who are the eyewitnesses to the incident. Out of them, PWs. 1 and 2 are none other than the sons of the deceased. PW3 is the wife of the deceased. PWs.4 to 7are the independent witnesses.