STATE OF A P Vs. MOHAMMED SADAQ ALI

JUDGEMENT

(1.) THIS appeal is directed against the judgment in S.C. No. 45 of 2007 on the file of the Principal Sessions Judge, Nalgonda, dated 3.1.2008 whereunder and whereby both the accused were found not guilty of the offence punishable under Section 302 read with 34 of the Indian Penal Code, 1860 (for brevity 'I.P.C.') and accordingly, they were acquitted under Section 235(1) of Cr.P.C. Challenging the same, the State preferred the present appeal.

(2.) CASE of the prosecution, in brief, may be stated as follows:

(3.) IN the year 2001, A1 advanced an amount of Rs.1,00,000/ - to Yada Suresh (hereinafter called as 'the deceased') on payment of interest at Rs.2/ - per hundred per month. On repeated demands made by A1, the deceased paid the principal amount, but, he failed to pay the interest. On 27.2.2006 in the morning hours, A1 asked the deceased about payment. But the deceased did not answer. On 3.3.2006, in the morning hours, A1 and A2, way laid for the arrival of the deceased and at about 10.00 a.m., when the deceased was proceeding to Prakasham Bazar on his motor cycle, A1 stopped him on the road near R.B. Trust and stabbed him with a knife on his stomach, whereas, A2 beat the deceased with a stick, and as a result, the deceased fell down. After the deceased fell down from the motor vehicle, A1 caused bleeding injury with a knife on the throat of the deceased and on the way to the hospital, deceased succumbed to the injuries. The incident was witnessed by the father of the deceased, who lodged a complaint with the police and who in turn registered a case in Crime No. 31/2006 for the offence punishable under Section 302 of I.P.C. The investigation was taken up. The police also held inquest on the dead body of the deceased to know the apparent cause of his death. The dead body of the deceased was subjected to postmortem examination by the doctor, P.W.9. The police also observed the scene of occurrence and prepared rough sketch. After completion of investigation and after receipt of report from the Forensic Science Laboratory, the police filed charge sheet against the accused for the offence punishable under Section 302 read with 34 I.P.C.