CHITTIMENU VEERARAJU Vs. STATE OF A P

JUDGEMENT

(1.) Accused in Sessions Case No. 67/2000 on the file of the V Additional Sessions Judge, Rajahmundry, filed this appeal, aggrieved by the judgment, dated 9-8-2001, convicting him for an offence under Section 302IPC and sentencing him to suffer imprisonment for life.

(2.) The gravamen of the charge against the accused was that on 16-5-1999 at about 5 p.m. he committed the murder of Korasika Katam Raju by beating him with a casurina stick.

(3.) The facts leading to the filing of this appeal are stated briefly as follows. P.W. 4 is resident of Vannechintalapudi village. Three days prior to 16-5-1995, there was a quarrel between his son and daughter-in-law in which the son beat his own wife. On account of this incident, the daughter-in-law of P.W. 4 went away to her parents' house. On 16-5-1995 the father of the daughter-in-law of P.W. 4 brought his daughter to the house of P.W. 4 and raised a "Panchayat", in which the deceased had acted as an elder, about the incident that had taken place three days before. The matter was settled by the "Panchayat". The accused, a resident of Peruru village, quarreled with the deceased as to why he had not been called for the "Panchayat". Others in the "Panchayat" pacified the accused and sent him away. At about 4 p.m. on the same day, the deceased received a message that one of his sons, Trimurthulu, got an electrical shock in the field. Deceased, his wife-P.W. 1, and another son-P.W. 2, proceeded to the field and after seeing his son, all of them were rei'jrning home. When they reached the house of Manga, sister of the accused, she questioned the deceased as to why he had abused her brother-accused. They did not reply to her question and proceeded to their house. After some time, accused came to the house of the deceased with a casurina stick in his hand and asked the deceased as to why he had abused and beat his sister-Manga. The deceased replied that he did not do so. Then the accused asked the deceased to accompany him to his sister's house so that they could confirm with her whether the deceased abused and beat him or not. The deceased accompanied him. P.Ws. 1 and 2 followed the deceased. As they were proceeding towards the house of Manga, when they reached the house of P.W. 3, accused turned around and beat him on his head thrice with the stick and fled from the scene of offence. The deceased was taken to a hospital where he was declared as "brought dead". The incident was reported to P.W. 7 - the Village Administrative Officer. He prepared a report- Ex.P-1 and lodged with the police. The police investigated into the case. P.W. 12 conducted inquest over the dead body of the deceased. The dead body was later sent for conducting post-mortem examination. P.W. 9 conducted autopsy over the dead body of the deceased and opined that the deceased died of shock due to the injuries received by him. After completion of investigation, a charge-sheet was filed. The accused denied his guilt. Prosecution examined 12 witnesses and exhibited ten documents besides M.Os. 1 to 4.The trial Court on assessment of the evidence on record came to the conclusion that the Prosecution proved its case beyond all reasonable doubt and accordingly convicted and sentenced as aforesaid by the impugned judgment, challenging the legality and correctness of which the accused preferred the present appeal.