HARIJANA KATTHI KRISHNA Vs. STATE OF A.P.

JUDGEMENT

(1.) We have heard Mr. Nageshwara Rao Pappu, learned senior counsel along with Ms. V. Mythili, learned counsel for the appellant, and; Mr. S. Dushyanth Reddy, learned Additional Public Prosecutor (hereinafter referred to as the 'APP") for the State.

(2.) The present appeal is directed against the judgement dtd. 16/4/2015 rendered in Sessions Case No.393 of 2012 by the learned Special Judge for Trial of Cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act-cum- VIth Additional Sessions Judge, Kurnool (hereinafter referred to as the 'Trial Court'), by which the appellant, having been found guilty of the offence under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'), has been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000.00 and in default thereof to undergo two years" simple imprisonment.

(3.) The prosecution came to be instituted on the basis of the First Information Report, lodged by the Station House Officer, Krishnagiri Police Station, on the basis of the statement recorded by Harijana Kathi Amrose (PW-1), relating to the death of his father viz. Harijana Kathi Nageswara Rao (hereinafter referred to as the 'deceased'), in which the appellant was made the sole accused. As per the prosecution's story, on the fateful day, the appellant, who is none other than the brother of the deceased, along with the deceased and the brother-in-law of the deceased went to the house of Kuruva Ramachandraiah @ Ramachandrudu (PW-5) for giving application to get drought relief cheques and at about 09.00 AM, in his house, the appellant is alleged to have shouted at the deceased in Telugu: