PASULA NARASIMNA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C. by the accused is directed against the conviction and sentence passed in S.C. No. 578 of 2007 dated 27 -2 -2008 by the V Additional Sessions Judge (Fast Track Court), Ranga Reddy.

(2.) THE appellant herein is the accused and he was prosecuted for the charges under Section 307 and 302 IPC. According to the prosecution, the deceased had three sons and two daughters. P.W. 3 is the elder son, the accused is the second son and the complainant P.W. 1 is the younger son. P.W. 2 is the wife of the deceased. Earlier, the deceased worked as Kavalkar of Jaggamguda Village. The accused was addicted to alcohol and two years prior to the incident, he married one Nirmala. Since the accused used to abuse and quarrel with the family members, P.W. 3 and his wife left to Turkapally and staying there. Further, as the accused is harassing his wife in an intoxicated state, she left to her parents house and since then, the accused suspected that his parents, brothers and sisters -in -law are responsible for the same and bore grudge against them. P.W.1's wife also left to her parents house. While so, the accused who is addicted to alcohol is not attending to any work and staying in one room and his parents and P.W. 1 are staying in another room in the same house. Recently, the deceased tried to arrange Kavalkar job to P.W. 1 for which the accused opposed and insisted to arrange the said job to him but not to P.W. 1. As the deceased has not agreed for the same alleging that he is addicted to drinking, the accused insisted to handover the house and open place, but his parents and P.W. 1 did not accept for his proposal and made allegations against him, as such, the accused bore grudge and hatched a plan to do away with the life of the deceased.

(3.) BASED on the complaint given by P.W. 1, P.W. 8 - the Inspector of Police, Shameerpet registered a case in Crime No. 109 of 2007 for the offence punishable under Section 302 IPC and issued Ex. P -10 FIR and during the course of investigation, he visited the scene of offence and found that the dead body of the deceased was having a ligature mark. He also examined P.Ws. 1 to 4 and others and conducted inquest in the presence of P.W. 5 and others under Ex.P -6 inquest panchanama and also conducted scene of offence panchanama under Ex.P -5 in the presence of P.W. 5. The photographs of the deceased were also taken under Ex.P -11 with the help of one P. Shyam. The dead body of the deceased was sent for post mortem examination of P.W. 7 who issued post mortem examination report Ex.P -9. P.W. 8 after completion of investigation filed the charge sheet.