KURALE PULLAIAH ALIAS PULLA RAO Vs. STATE

JUDGEMENT

(1.) The VI Additional Sessions Judge, Krishna District at Machilipatnam referred this matter under Section 366 of the Code of Criminal Procedure, 1973 for confirmation of death sentence imposed by him on the accused by name Kuralla Pullaiah alias Pulla Rao convicted for the offence under S. 302, IPC. Simultaneously the accused preferred Criminal Appeal No. 1056 of 2002 questioning the legality and validity of the conviction, sentence of death and fine imposed by the learned Sessions Judge through his judgment dated 23-8-2002.

(2.) The gravamen of the charge against the accused is as follows : The accused and deceased were doing business in pulses and paddy on commission basis. The accused sustained loss in the business and resorted to commit thefts. He used to visit the house of the deceased now and then in connection with the paddy business. On 30-5-2001 at about 3.00 p.m. the accused came to the house of the deceased with a view to kill him by pouring acid and to rob him. The deceased having smelt the acid suspected that the accused was likely to harm him pounded upon the accused with a knife. There was a scuffle between them and the accused snatched away the knife from the deceased by overpowering him. He stabbed the deceased on his back with the knife and threw it away. The accused dragged the deceased upon to the steps of the staircase situated in front of the building and the deceased fell down and died. The accused had stolen away a gold ring and a gold chain from the deceased. In the scuffle between them the accused also received an injury on his left hand in between the thumb and the index finger. P.W. 2 witnessed the occurrence. The accused went away with a cycle. P.W. 3 and others witnessed the accused going away on a cycle. On a report given by P.W. 1 the son of the deceased the police registered a crime under Section 302, IPC and investigated the case. During the course of investigation the police recovered M.Os. 1 and 2 at the instance of the accused and after completion of investigation P.W. 16 the Inspector of Police laid the charge-sheet.

(3.) The learned Sessions Judge framed two charges against the accused for the offences under S. 302, IPC and 380, IPC respectively. The accused denied both the charges and claimed for trial.