KOMMU YEDUKONDALU Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in S.C.No. 361/2006 on the file of II Additional Sessions Judge, Nalgonda District at Suryapet, was tried for the alleged commission of offence punishable under Section 302 IPC and was convicted for the offence punishable under Section 302 IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs.1000/- in default to suffer rigorous imprisonment for a period of six months, by judgment of that court dt. 13-7-2007. He filed this criminal appeal challenging the correctness of the conviction and sentence recorded against him. The substance of the charge framed against the appellant/accused is that on 26th February, 2006 at 11 p.m. at the outskirts of Rekulakunta near Palair Stream, the accused caused the death of Mallela Pullamma (hereinafter referred to as "the deceased") by beating on her head with a boulder, and thereby committed an offence punishable under Section 302 IPC.

(2.) The prosecution story, as unfolded during the trial, which led to the conviction of the appellant/accused, is as follows:

(3.) On 26-2-2006, the deceased, P.W. 3 and others went to Muthyala Jathara at Muthyala village of Krishna District. P.W. 3 told P.W. 1 that the deceased, and P.Ws. 4 and 5 went to purchase ice cream. P.W. 3 further informed P.W. 1 that the accused and the deceased were talking with each other and P.W. 6 witnessed them. It was also announced in the mike in the Jathara that the deceased was missing. P.W. 12 informed P.W. 3 that the accused and the deceased left the place from the Jathara. They searched for the deceased at several places, but in vain. They went to Rekulakunta village through vagu where they found the dead body of the deceased lying on the big stone and also found head injury over the body of the deceased. Thereafter, P.W. 1 went to the village and informed the same to P.Ws. 2, 3 and other family members. P.W. 1 rushed to Kodad police Station and gave a report covered under Ex. P-1.