PENUPOTHU SRINU Vs. STATE OF A P

JUDGEMENT

(1.) Sole accused in Sessions Case No.277 of 1998 decided by the learned IV Additional Sessions Judge, East Godavari at Kakinada is the appellant herein. The accused-appellant was tried by the learned Judge for an offence punishable under Section 302 of the Indian Penal Code. On evidence the learned Judge convicted him for the said offence and sentenced him to suffer imprisonment for life and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for three months. Aggrieved by the aforesaid judgment of conviction and sentence, the accused-appellant filed the present appeal.

(2.) The gravamen of the charge against the accused was that the accused - appellant, PWs.1 and 2 and one Sreenu were working as Kalasies on a cargo boat having registration No.46, owned by PW5. The deceased was the driver of the said boat. On 9-6-1998 at about 10.30 a.m., PWs.l and 2 and the accused were present at the boan. On the previous day all of them agreed to unload the wooden planks belonging to Daveedu Company for Rs.700/- by way of wages. After unloading, Rs.500/- was given to the accused and the accused in turn paid Rs.100/- each to all Kalasies and the balance of Rs.200/- was to be paid to the deceased.

(3.) It is the further case of prosecution that on the date of incident deceased came on the boat. Then the deceased asked the accused about his money of Rs.200/-. On that the accused replied that the Company paid only Rs.500/- which was adjusted among Kalasies at Rs.100/- each and an amount of Rs.200/- was with the Company (sic him). Then the deceased questioned the accused as to why he had taken his money and whether the accused was the driver of the boat. Then the accused fisted the deceased on his face thrice and kicked him on his stomach. The forehead of the deceased was broken and blood was coming from his nose and mouth and the deceased fell down into the boat. The deceased was taken in a rickshaw to the Government Hospital at Kakinada. The police at the Hospital recorded the statement of the deceased and obtained his thumb impression. PW11 - A.S.I, of I Town Police Station, Kakinada, who was in-charge of the outpost of the Government Hospital, Kakinada, recorded the statement of the deceased, which is marked as Ex.P8. Deceased died on the same day by about 5 or 5.30 p.m. PW2 was examined as direct witnesses to the incident.