BARLA GANGA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal arises from the judgment of the Sessions Judge, Adilabad, in Sessions Case No. 91/89, convicting the appellant for an offence under S. 302 of the Indian Penal Code and sentencing him to imprisonment for life.

(2.) The prosecution case is as follows : On 9-8-88 at about 5-30 p.m., P.W. 5 was going to his field through a lane in front of the cattle shed of the deceased. He heard a groaning sound and looked into the shed. When he reached the Varandah of the shed, he found the accused stabbing on the throat of Lingaiah, the deceased. P.W. 5 then called "Ore Ore" and tried to catch hold of the accused. But he escaped and ran into the house of P.W. 2, who was his tenant. Lingaiah; the deceased fell down and died immediately. P.W. 5 then ran to the house of the deceased and informed P.W. 1 and the wife of the deceased. All of them went to the cattle shed and saw the dead body. P.W. 1 approached the village doctor and with his assistance drafted Ex. P-1 report. He went to the Police Station and lodged the report at about 10.00 p.m. on that day. The police registered the same as Crime No. 39/88 under S. 302, IPC. On receipt of express FIR, P.W. 11 the C.I. of Police, Nirmal, took up further investigation. P.W. 11 visited the scene of offence and recorded the statements of P.Ws. 1, 2, 5 and 7 to 10. He held an inquest over the dead body in the presence of P.W. 3 and prepared Ex. P. 3 inquest report. He seized M.Os. 1 to 4. During the inquest, he also prepared Ex. P-11, sketch of the scene of offence. P.W. 11 sent the dead body for post-mortem examination. P.W. 6, Civil Assistant Surgeon, Government Hospital, Nirmal conducted post-mortem examination over the dead-body on 10-8-88 from 1.00 p.m. and prepared Ex. P-7 post-mortem certificate. On 20-8-1988, H.C. 566 and P.C. 676 of Soan Police Station arrested the accused at 2.00 p.m. The accused was alleged to have made a confession; the admissible portion of which has been marked as Ex. P-4. The confession was made in the presence of P.W. 4 and another. Pursuant to Ex. P-4, the accused led the investigating officer to his house and showed M.O. 7 knife, which the police recovered under Ex. P-5 panchanama. On 15-10-88 on the basis of a requisition, P.W. 11, the Munsif Magistrate Bhainsa, recorded the statements of P.Ws. 2 and 5 under S. 164 Criminal Procedure Code.

(3.) The prosecution examined P.Ws. 1 to 11 and marked exhibits P-1 to P-11. The defence examined D.W. 1 and marked Exs. D-1 to D-3. The learned Sessions Judge, on a consideration of the evidence held the accused guilty of the offence under S. 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life. The accused has appealed.