LOSULA VENKATARAO Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, is filed questioning the conviction and sentence imposed against the appellant herein, by judgment dated 15-7-2008 passed in S.C.No. 66 of 2008 by the III Additional District and Sessions Judge, Kakinada.

(2.) The appellant was prosecuted for the offence punishable under Section 302 Indian Penal Code. According to the prosecution, the appellant- accused developed intimacy with the deceased namely Chinki Dongamma, after the death of her husband by name Latchanna, and was living with her in her house situated at Srungadhara village, Sankhavaram Mandal, East Godavari District, along with the children born to her through her late husband Latchanna. The accused, the deceased and her children raised cashew nut plants in reserve forest in an extent of one acre, situated in their village. When the accused claimed exclusive rights over the cashew nut crop, the deceased and her children objected to the same, and disputes arose between them on that issue. Ten days prior to the incident, the dispute was placed before the elders and the elders admonished the accused. Thereupon, the accused bore grudge against the deceased and started living separately from the deceased and her children. He waited for an opportunity to wreck vengeance against them. On the intervening night of 24/25-8-2007, at about 2.00 a.m., while the deceased was sleeping in her house, the accused came there armed with a knife, with an intention to kill the deceased. On hearing the noise, the deceased woke up an on noticing the accused armed with knife, she got frightened and tried to run away from there. The accused chased and caught hold of her and stabbed her with the knife on the rear side of the head, on the left shoulder and neck, due to which she sustained injuries and died on the spot. When the children of the deceased and other neighbours rushed to the scene of offence, the accused ran away from there with the knife. On 25-8-2007, at about 1.00 p.m., P.W. 1 lodged a report with the police, based on which the Sub-Inspector of Police, Annavaram, registered a case in Crime No. 109 of 2007 for the offence punishable under Section 302 Indian Penal Code. The Inspector of Police, Prathipadu, took up investigation. He visited the scene of offence, got the scene of offence and the dead body of the deceased photographed, drafted scene of offence observation report and seized material objects in the presence of two mediators. He then held inquest over the dead body of the deceased, recorded the statements of the witnesses and sent the dead body of the deceased to Government Hospital, Prathipadu, for post-mortem examination. He arrested the accused on 11-11-2007 at 3.30 p.m. near Durgamma Temple situated on the outskirts of Nellipudi village, Sankhavaram Mandal. The accused confessed to have committed the offence. The Inspector of Police recorded the confession of the accused in the presence of two mediators and seized the knife used by the accused in the commission of offence, at his instance. The Inspector of Police then produced the accused before the Court, which remanded him to judicial custody. He forwarded the seized material objects viz., blood stained cement pieces, control cement pieces and blood stained apparels of the deceased to the Chemical Examiner, RFSL, Vijayawada, for chemical analysis and opinion.

(3.) The Sessions Judge framed charge against the appellant-accused for the offence punishable under Section 302 Indian Penal Code. The appellant pleaded not guilty for the said charge and claimed to be tried.