MANDLA RAMUDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence passed in S.C. No. 156 of 2005 by the VI Additional Sessions Judge (Fast Track Court), Anantapur on 17.11.2008. The appellants herein are A1 to A3 and they were prosecuted for the offences under Sections 324, 307 and 302 read with Section 34 of IPC.

(2.) According to the prosecution, the deceased Venkata Swamy and A1 to A3 are residents of P. Yerragudi village of Gooty Mandal, Anantapur District. There exist misunderstandings between the accused family and the deceased family. The wife of PW. 1 was elected as Sarpanch of P. Yerragudi village. The wife of Al is working as an Ayah in the local elementary school. A new building was under construction for the elementary school at P. Yerragudi village. The deceased was supervising the construction of the school building. The deceased asked Nallapothula Obulesu to attend to the curing of the new building. A1's wife complained to A1 chat the deceased directed her to attend to the watering of the school building under construction and Al took it as an insult. On 04.08.2004 morning the deceased went to Gooty town on some personal work and at about 4.00 p.m. when the deceased and PW. 4 were going near Gandhi Statue in Govt. v on a two wheeler, A1 stopped them and questioned the deceased as to why he asked his wife to attend to watering of the new school building and warned the deceased that he will kill them if they asked A1's wife to attend to watering the new school building. On the same day night at about 7.00 p.m. the women folk of deceased and women folk of accused were altercating about A1 quarreling with deceased in public in Gooty town. At that time PWs. 1 to 3 were present in front of the house of the deceased. Al armed with a dagger, A2 armed with a spear, came there and Al stabbed the deceased with the dagger on left side of abdomen and as a result intestines protruded. A3 caught hold of PW. 1 and A2 hit him on the head of PW. 1 with a spear and attempted to kill him. PW. 1 received bleeding injury. PW. 4 and others rushed to the spot to rescue PW. 1 and A1 went away from the spot. PW. 1 and others shifted the deceased to the Government hospital, Gooty in an auto where the doctor declared him as brought dead. On receiving the medical intimation, PW. 9 rushed to the hospital and recorded statement of PW. 1 and registered the case in Cr. No. 131 of 2004 under Sections 324, 307, 302 read with Section 34 of IPC and issued the FIR. Thereafter PW. 10 took up the investigation and held inquest over the dead body of the deceased and sent the dead body for autopsy. PW. 8, the doctor, who conducted autopsy, opined that the deceased died due to trauma and hemorrhagic shock. The blood stained clothes of the deceased were seized and sent to RFSL and the Assistant Director of RFSL examined and detected human blood on the said clothes. On 20.08.2004 PW. 11 arrested the accused near Nagasamudram cross and seized one dagger from A1, which was used in the commission of the offence under cover of panchanama in the presence of PW. 6 and another and sent them to remand. After completion of the investigation, PW. 11 has filed the charge sheet against the accused.

(3.) The Sessions Judge has framed the charges under Sections 324, 307, 302 read with Section 34 of IPC against the all accused and all the accused pleaded not guilty for the said charges.