NALLAJARLA KRISHNARAO Vs. STATE OF A P

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence passed by the VI Additional Sessions Judge, Guntur in S.C.No.576 of 1999 on 20.04.2004.

(2.) THE appellants herein were prosecuted for the offences under Sections 302 and 324 read with 34 IPC alleging that the accused and deceased are residents of Govindapuram village. On 24.11.1998 some buffaloes of unknown person grazed hay heap of accused No.1 and that on 25.11.1998 at about 6.30 A.M. while accused No.1 was abusing, the deceased intervened and questioned as to why he was abusing. P.Ws.2 and 3 intervened and pacified them and sent them away. Again at 9.00 A.M. on 25.11.1998 while the deceased was taking food in his house accused No.1 along with accused Nos.2 to 6 went in front of the house of deceased and started abusing him and while the deceased came out of the house, accused Nos.1 to 6 caught hold of him and accused No.1 took knife from his waist and stabbed the deceased on his left side abdomen and caused bleeding injury. When P.W.1 intervened, accused No.2 beat her with a stick on her right side fingers.

(3.) AGGRIEVED by the said conviction and sentence, the present appeal is filed by the appellants/accused Nos.1 to 6. During the pendency of the appeal, the appellant No.1, who is the accused No.1 reported to have been died on 27.12.2009 and filed his death certificate, as such the appeal against accused No.1 was abated. Now, the appeal filed by appellant Nos.2 to 6/accused Nos.2 to 6 has came up for consideration. Now, the point that arises for consideration is: Whether the prosecution could able to establish the charge under Section 304 Part-II read with 109 IPC against accused Nos. 2 to 6 beyond reasonable doubt POINT: