KODAMALA PRABHAKAR Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in Sessions Case No.361 of 1999, which was decided by the Additional Sessions Judge, Hindupur, is the appellant herein. The accused was tried for the offence punishable under Section 302 IPC. On evidence, the learned Judge found him guilty of the said offence and therefore the accused was convicted and sentenced to suffer imprisonment for life and also pay a fine of Rs.1,000/- in default to suffer simple imprisonment for six months. Aggrieved by the aforesaid order of conviction and sentence, the accused has filed the present appeal.

(2.) The substance of the charge against the accused was that on the night of 1st February, 1999 at about 8.00 p.m. on the river bed of the Penna situated in the fields of one Chikkareddygari Narasimha Reddy of Balireddypalli, Parigi Mandal, the accused was alleged to have caused the death of one Kogira Chakali Sai Prathap by hacking him with a sickle on the head, neck and throat.

(3.) The Prosecution story can briefly be narrated as follows:- The accused is a resident of Puttaparthi. He migrated to Hindupur and was staying with his eider sister. He was employed in Super Spinning Mills at Hindupur as a casual labour. The accused was running a pesticide shop in the first floor of B.S.T.Lodge building. It is further stated by the prosecution that the accused, PW6, PW10 and the deceased were close friends and they used to consume liquor together. The accused was working under one Shiva in a medical shop. The wife of Shiva and the accused developed extra-marital relationship. After sometime, she secured a Job at Madakasira. But her relationship with the accused continued. The owner of the medical shop named Shiva shifted his family to Madakasira. But, his wife was continuing the relationship with the accused. It is further stated by the prosecution that the accused, PW6, PW10 and the deceased used to consume liquor together in Ajay Bar, which is situated opposite to the R.T.C. Bus Stand. About 2 years prior to the incident, a quarrel took place in Ajay Bar in between the deceased and the accused with regard to a woman and both of them abused with each other. PW6 intervened and separated them. At that time, the accused tried to beat the deceased but the blow fell on the right eyebrow causing an injury to PW6. At that time, the accused threatened the deceased that he would kill him. When the deceased went to the house of PW3, she questioned him regarding the injuries on the right cheek and the right side of the ribs. The deceased informed her that the accused beat him. It is further stated by the prosecution that on the evening of 31st January, 1999 the accused was passing in front of the house of PW3 when questioned, he was informed that he would see the end of the deceased as he was having an affair with his concubine. It is further stated by the prosecution that on the evening of 1st February, 1999 by about 8.00 p.m., the accused went to the house of PW3 and called the deceased and informed him that he has some work with him. Further, he informed PW3, that they compromised the dispute. At that time the accused was holding a plastic cover. Both of them went towards Balireddypalli. PW8, the night watchman of Z.P. High School, Muddireddipalli, saw the accused and the deceased going together towards the riverside. When P.W.8 enquired the deceased, he informed that they were going to Penna River. He also informed that they were going there to have a compromise. PW8 found a packet in the hands of the accused. At about 9.30 or 10.00 p.m., PW8 found the accused coming alone and when he questioned him, the accused replied that the deceased had gone to Muddireddipalli. He was holding something wrapped in a newspaper. When enquired by PW10, he said that he had some urgent work and left the place. On 2-2-1999, PW.2, the Talari of Sasanakota Village, found one dead body on the bank of River Penna in Balireddypalli limits. Then, he went to PW.1, the Village Administrative Officer of Kodigenahalli village and informed the same. Then, P.Ws. 1 and 2 proceeded to the scene of offence and found the dead body with injuries on the head. PW.1 found the Identity Card in the pant pocket of the deceased. At about 10.00 p.m., P.W.I went to Parigi Police Station and gave a report to the police. Ex.P.1 is the report. P.W.15, the Asst. Sub- Inspector of Police, registered the case in Crime No. 5 of 1999 under Section 302 I.P.C., and prepared the copies of F.I.R, and sent the same to all concerned. Ex.P.11 is the F.I.R. sent to the Court. Then he enquired from the Super Spinning Mills whether the deceased was working there. Thereafter at about 10.30 p.m., Tie proceeded to the scene of offence. Then, P.W.15 examined P.Ws.1 and 2. Thereafter, he proceeded to the house of P.W.3 and informed her about the dead body and requested her to come to the scene of offence on the next day morning. On 3-2-1999, P.W.16 Fingerprint Inspector, District Police Inspector, Anantapur went to the scene of offence and examined the article. He obtained two chance fingerprints on Haywards 5000 beer bottle. He also obtained finger impressions of the deceased for comparison. PW17, the Inspector of Police, Hindupur Rural Police Station, took up Investigation and went to scene of offence and held Inquest over the dead body of the deceased between 8.00 a.m. and 11.30 a.m. During the inquest, he examined PWs.2, 3,4 and others and recorded their statements. Thereafter, he prepared a rough sketch, Ex.P16. He also seized MOs.15 and 16, the liquor bottles. Thereafter the dead body was sent for post-mortem examination. PW12 Dr. T.S. Divakar, Civil Assistant Surgeon, Government Hospital, Hindupur conducted autopsy over the dead body of the deceased at 2.00 p.m. On 3-2-1999, he found four external injuries on the person of the deceased. Ex.P6 is the post-mortem certificate. According to the doctor, the death was due to multiple injuries. On the same day, he also examined PW6 and found a contusion on the right eye. Ex.P7 is the wound certificate. On 18-2-1999 at about 3.00 p.m., the accused went to the house of PW13, the Village Administrative Officer, Hindupur town and confessed that on 1-2-1999, he killed the deceased and requested him to help him to surrender before the Police. Then, PW13 prepared Ex.PS report addressed to the Inspector, Hindupur Rural Police Station and produced the accused in the Police Station. The Inspector of Police interrogated the accused and recorded his confessional statement. Ex.P21 is the confessional statement of the accused. In pursuance of confessional statement, the accused led them to the Central Enterprises in B.S.T. lodge and produced MOs.4 and 5 wrapped in a newspaper. MOs.17 and 18 are the newspapers. On 19-2-1999, PW17 obtained the fingerprints and after obtaining the report, PW17 laid the charge-sheet on 18.6.1999.