MADISETTI Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence passed in S.C. No. 185 of 2008 by the VI Additional Sessions Judge (Fast Track Court), East Godavari District at Rajahmundry on 29-12-2008. The appellant herein is A-1 and he along with A-2 to A-4 were prosecuted for the offence under Section 302 read with Section 34 of IPC.

(2.) According to the prosecution, the deceased Medisetti Sreenivasu is son of A-1 through his first wife Medisetti Satyanarayanamma, P.W. 1. The marriage between A-1 and P.W. 1 took place about 20 years back and they were blessed with two children i.e. Rayudu Durgavathi and the deceased. The marital relationship of A-1 and P.W. 1 was broken down and they are living separately. After separation, A-1 married A-4 and begot A-2, A-3 and another daughter. P.W. 1 after separation from A-1 was living with her children at her parents place Sehapuram village and she did not marry again. She raised disputed before P.Ws. 6 and 7 for share in the property and also for maintenance. The elders advised A-1 to give some land in lumpsum and take customary divorce. A-1 did not comply with the solution suggested by the elders. Thereafter P.W. 1 filed a maintenance case against A-1 and the Court ordered for payment of the maintenance and as A-1 did not pay the amount, he was imprisoned for a period of one year. After release from the jail, the dispute was raised before the elders P.Ws. 6 and 7 and the elders advised A-1 to pay Rs. 20,000/- towards full and final settlement of the maintenance claim. Accordingly, A-1 paid the amount to P.W. 1. After sometime, P.W. 1 and her both children i.e. the deceased and P.W. 2 were demanding A-1 to give some share in the landed property owned by him. They also approached the elder P.W. 8, requested to convince the accused to give some landed property to them, but A-1 did not agree for the same. On 25-11-2007 at about 5.00 p.m., P.Ws. 1, 2 and the deceased accompanied by P.W. 3 went to the house of the accused and demanded him to give some share in the landed property owned by A-1 and A-1 got angry and there was a scuffle took place between deceased and A-1 to A-3. A-1 to A-3 fell him down and A-1 picked up a crowbar and stabbed the deceased on his chest, right shoulder, left side of the chest and also on the right thigh. A-2 and A-3 held the deceased with their hands and facilitated A-1 to inflict stab injuries with the crowbar. When P.Ws. 1 and 2 intervened to rescue the deceased, the crowbar in the hands of A-1 slipped down. Then A-1 picked up an iron pipe and dealt a blow on the back side of the head and caused a bleeding injury. A-1 also threatened P.Ws. 1 to 3 that he would hack all of them into pieces, if they, do not take the injured from that place. P.W. 3 ran away out of fear. P.Ws. 1 and 2 attempted to shift the injured but he collapsed on the way and died at a distance of 100 feet from the house of A-1. A-2 and A-3 also threatened P.Ws. 1 to 3 with iron rods in their hands. A-4 did not word off A-1 to A-3 when they are attacking the deceased with their weapons. On the oral statement given by P.W. 1, P.W. 11 has recorded her statement and registered the case in Cr. No. 100 of 2007 under Section 302 read with Section 34 of IPC. Thereafter the investigation was taken up by P.W. 12 and conducted the scene of offence panchanama in the presence of P.W. 5 and another and seized the crime weapons, blood stained earth and controlled earth from the scene of offence and got the scene of offence photographed by P.W. 10 and also drawn rough sketch of the scene of offence. Thereafter, P.W. 12 held inquest over the dead body of the deceased in the presence of P.W. 8 and another and he examined P.Ws. 1 to 8 and others. The doctor, P.W. 9, who conducted autopsy over the dead body of the deceased, opined that the deceased died due to shock as a result of heamorrhage due to the injuries on the vital organs. P.W. 12 arrested A-1 on 30-11-2007 at 8.00 p.m. while he was at Durgamma temple on the flood bank in Kulla village and interrogated him in the presence of P.W. 5 and another and he confessed about the commission of the offence and he disclosed that he thrown away his blood stained clothes into Godavari river and he has shown two iron pipes used in the commission of the offence and they were seized under cover of panchanama. On the same day at 11.30 p.m., P.W. 12 proceeded to Anjaneyaswamy temple on the river bund at Kotipalli village and arrested A-2 to A-4, and after completion of the investigation, he filed the charge-sheet against the accused.

(3.) The Sessions Judge has framed the charge under Section 302 read with Section 34 of IPC against all the accused and all the accused pleaded not guilty for the said charge.