PALVAI DEVAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence passed in SC No. 10 of 2007 by the IV Additional Sessions Judge, Warangal on 22.2.2008. The appellant is the sole accused and he was prosecuted for the offence under Section 302 of the Indian Penal Code, 1860 (for short "IPC").

(2.) According to the prosecution, the accused is a labourer and PW2 was working in the group of the accused as a coolie and used to pay money to all the coolies promptly but not to, PW2. Due to which the deceased, who is the son of PW2 quarrelled with the accused for that money and as the deceased always quarrelling with the accused, the accused bore grudge against him. On 14.3.2006 at about 20.00 hours the deceased stood at the shop of PW4. Meanwhile the accused came there and had a quarrel with the deceased for his visit to the shop of PW4. As a result, exchange of hot words taken place between both of them and the accused having grudge against the deceased, beat the deceased with a stick and (fisted him indiscriminately. PWs.2 to 4 have witnessed the said incident, as a result of which the deceased fell down unconscious. Immediately PWs. 1 and 2 shifted the deceased to the nursing home of PW5 at Pasra for treatment. Subsequently, he was shifted to MGM Hospital, Warangal and he died on 16.3.2006 at 17.00 hours while undergoing treatment. On the complaint of PW1, PW9 has registered the case in Cr. No. 16 of 2006 under Section 324 of IPC and took up the investigation and recorded statements of witnesses and visited the scene of offence, conducted scene of offence panchanama. After receipt of the death intimation of the deceased, section of law was altered to 302 of IPC. Thereafter the investigation was taken up by PW10 and he held inquest over the dead body of the deceased and sent the dead body for post mortem examination and the doctor PW8, who conducted autopsy over the dead body of the deceased, opined that the deceased died due to multiple injuries. On 11.9.2006 the accused was arrested and after completion of the investigation filed the charge-sheet.

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