SHAIK JAKEER HUSSAIN Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.04.2006, passed in S.C. No. 264 of 2005 by the X Additional District and Sessions judge, Guntur at Narsaraopet, convicting the appellant-sole accused for the offence punishable under Section 302 IPC, and sentencing him to suffer imprisonment for life and pay fine of Rs. 1,000/- in default, to undergo imprisonment for six months. The deceased, namely Darivemula Prabhudas, is a resident of Ambedkar Nagar, Vinukona. He belongs to Madiga caste. He was having illicit intimacy with one Shaik Shahjahan, the sister of the accused, since four years, and that a month prior to 22.10.2004, he had eloped with her to Chilkaluripet. The elders and relatives of the deceased searched and traced the deceased and the sister of the accused and brought them back to Vinukonda. The elders admonished them and pacified the issue by advising the deceased and the sister of the accused to discard their illicit intimacy and live separately and sent them to their respective houses. Since then, the deceased is said too have discontinued his illicit intimacy with Shahjahan. Due to illicit intimacy of the deceased with Shahjahan, her husband deserted her and she is residing in the house of the accused along with her children. The deceased, is said to be in the habit of calling the accused as brother-in-law much to his displeasure. Due to this, the accused waited for an opportunity to kill the deceased as he was responsible for spoiling the life of his sister Shahjahan.

(2.) While so, on 22.10.2004 at about 6.00 pm while the deceased was proceeding towards Lakshmi Talkies Centre, Vinukonda from his house through Railway Gate, and on his reaching Yenugupalem Bus Stop Centre, Vinukonda, and observing that the deceased was alone, the deceased attacked the deceased, he picked up a knife from his pocket and stabbed the deceased on his stomach and left hand thrice, as a result of which, the deceased sustained severe bleeding injuries. L.W. 2, namely Darivemula Kotaiah, P.W. 4 and L.W. 7, namely Sampengula Yerra Kotaiah and other pedestrians witnessed the incident and when they rushed to the scene of offence, the accused fled holding the a knife in his hand.

(3.) Then L.W. 2 and P.W. 4 shifted the deceased to Government Hospital, Vinukonda for treatment. P.W. 12, namely Dr. Santosh Kumar, treated the deceased and sent an admission intimation to the Station House Officer, Vinukonda Police Station. On 22.10.2004, P.W. 13-Head Constable on receipt of the intimation, visited the Government Hospital, Vinukonda and he recorded the statement of the deceased from 8.00 pm to 8.30 pm and returned to the Police Station, and handed over the statement of the deceased to P.W. 14-Sub-Inspector of Police. Thereafter, P.W. 12, referred the deceased to Government General Hospital, Guntur, for expert treatment.