K YADAGIRI Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence passed in S.C. No. 521 of 2007 by the IV Additional Metropolitan Sessions Judge, Hyderabad on 25-3-2007. The appellant herein, who is the accused, was prosecuted for the offence under Section 302 IPC.

(2.) According to the prosecution the deceased Chintala Chandra Mouli is a native of Kalwakurthy of Mahboob Nagar District and he is having a wife, two sons and two daughters. Due to differences with his eldest son eh came to Hyderabad and started begging in and around Moghalpura Limits and daily taking shelter on the footpath near Moghalpura water tank, opposite to Salah Uddin Mosque along with the other beggars P.Ws. 2 and 3 and others. As usual on 25-4-2007 at about 8.30 p.m. after begging the deceased along with other beggars came to water tank footpath, opposite to Salah Uddin Mosque and on the same night at about 9.30 to 10.00 p.m. the accused came to the deceased in a drunken state and quarreled with him on the issue of his wife. While all the other beggars are in sleep near footpath along with deceased in the midnight on 25/26-4-2007, accused again came to the spot and woke up the deceased and picked up quarrel with him. Both of them exchanged heated arguments, meanwhile the accused stabbed the deceased with a knife on his chest and stomach and fled away from the scene. On 26-4-2007 at about 5.45 a.m. P.W. 1 went to Fager Namaz in Salah Uddin Mosque in Moghalpura. After Namaz P.W. 1 found the deceased lying on the footpath in a pool of blood near the Mosque, later he went to the police station and gave Ex. P-1 report, basing on which a case in Crime No. 55 of 2007 was registered under Section 302 IPC. Ex. P-8 is the FIR P.W. 10, C.I. of police visited the scene of offence on 26-4-2007 at 10.00 a.m. and found the dead body on the footpath of the water tank near Moghalpura and examined the P.W. 1 and recorded his statement. P.W. 10 conducted inquest over the dead body of the deceased on the presence of P.W. 5 and also examined the P.Ws. 2 to 4 and recorded their statements. On 9-5-2007, P.W. 10 apprehended the accused at 11.30 a.m. at Nagulachinta cross roads and recorded his confessional statement in the presence of P.Ws. 5 and 9 and recovered M.O. 1 knife from the accused under Ex. P-7. P.W. 7, Assistant Professor in Forensic Medicines, Osmania Medical College, Conducted autopsy over the dead body of the deceased on 26-4-2007 and opined that the cause of death is due to stab injury to the chest involving in the left lung. After completion of investigation, Police filed the charge sheet against the accused.

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