BAYANABOINA SUBBARAYUDU Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in Sessions Case No. 200 of 2000 was tried by the learned Sessions Judge, Cuddapah for the offence punishable under Section 302 IPC. On evidence, the learned Sessions Judge held that the offence has been proved by the prosecution beyond all reasonable doubt and therefore convicted and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 100/-in default to suffer SI for one month.

(2.) Aggrieved by the judgment of conviction and sentence, the appellant/ accused has filed the present appeal.

(3.) The case of the prosecution may be stated as follows: The deceased Kota Bala Narayana Reddy and the accused belong to Jandlavaram village of Mydukur Mandal and there has been ill-feelings between the accused and the deceased with regard to collection of Rs. 100/- from each house in the village to erect second electrical transformer at Jandlavaram village to solve the voltage problem. On 9-2-2000 in the early hours, the deceased, P.Ws. 1 to 5 went to the house of the accused for collection of Rs. 100/- from the accused and at that time the accused was not available in the house and his wife asked the deceased and others to come after return of the accused to the house. On the same day evening the accused went to the house of the deceased and started abusing the deceased. P.W. 1 and P.W. 4 in filthly language and in the meanwhile P.W. 6 and one Perugu Subbamma intervened and pacified the matter and since then the accused bore grudge against the deceased and waiting for an opportunity to do away with him. On 11-2-2000 around 7.30 p.m. while the deceased and P.Ws. 1 to 5 and another Valluri Veera Bhadrachari were sitting in front of the house of deceased and discussing about the electricity problem in the village, the accused armed with pestle came there and abused the deceased in filthy language and dealt a blow on the head of the deceased. As a result of which the deceased sustained bleeding injury on his head and fell down and later the deceased succumbed to the head injury at Kurnool hospital. P.W. 1 lodged a complaint with the police Mydukur, which was registered as Cr.No. 19/2000 Ex.P-1 is the complaint given by P.W. 1. P.W. 13, who was the Professor of Forensic Medicine, Medical College, Kurnool conducted autopsy over the dead body of the deceased and opined that the cause of the death of the deceased was due to shock and hemorrhage with head injury.