GAMMELA YERAKANNA ACCD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard, the learned counsel for the appellant as well as the learned Public Prosecutor. This is an appeal filed against the conviction and sentence passed in Sessions Case No. 103 of 2000 on the file of the Sessions Judge, Visakhapatnam. The appellant-accused has been convicted of the offence under Section 302 of IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-. in default he has to undergo simple imprisonment for one week. He has also been convicted of the offence under Section 201 of IPC and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 100/- in default he has to undergo simple imprisonment for one week.

(2.) The allegations against the appellant were madeby framing the following charges,

(3.) The accused pleaded not guilty and was tried. 12 witnesses were examined by the prosecution and 16 documents were exhibited. The case of the prosecution was that the accused was having 55 tamarind trees around his house at Chintalapalem village. Gudapu Butchulu, brother of the deceased, gave only Rs.500/-toG.Gangulu, father of the accused, and took all the tamarind tope on mortgage and was enjoying the crop. After hisdeath,hisdeceasedbrother was enjoying the crop. 15 days prior to the offence the deceased went to Chintalapalem village and took away 7 bags of tamarind from the tope in the absence of the accused. The accused came to know of it, b ore grudge and decided to end the life of the deceased. On 1-3-1999 in the morning hours i.e., on Monday the deceased along with his wife went to Chintalapalem village with vegetables and kerosene to make an exchange for tamarind in barter. They halted for the night at the house of Madala Baddanna at Chintalapalem village. He alone went to the house of the accused situated at a distance of 1 k.m. at about 8.00 p.m. for Jeelugu toddy. On seeing the deceased, the accused became angry and questioned him as to why he had taken tamarind from his tope without his knowledge. An altercation took place in between them. The accused went into his house, brought one wooden pestle and beat on the neck of the deceased twice and caused grievous injury which led to his instantaneous death. It was also alleged that the accused tried to burn the dead body in order to cause disappearance of evidence of murder. On the basis of this story, the prosecution filed the charge-sheet,