BURKA KANNAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) Cr.P.C is directed against the conviction and sentence passed in S.C. No. 357 of 2008 by the VI Additional Sessions Judge (III Fast Track Court), Warangal at Mahabubabad dated 05-01-2009.

(2.) According to the prosecution, PW 1 filed the complaint stating that he is the resident of Damaravancha and on 05-02-2008 while himself and PWs 2 and 3 were returning on his motor cycle from Mahabubabad after seeing one Gudimetla Laxmaiah who met with an accident and when they reached near Damaravancha cross roads at about 6.00 PM, the deceased came in the opposite direction with bloodstained clothes and requested them to save him. On that, PW 2 who was travelling as a pillion rider asked him as to what happened. The deceased informed them that his name is Esarapu Prakasham, son of Yellaiah and that he is a resident of Macherla Village and is working as a Private Forest Watcher. About fifteen minutes back when he raised an objection for taking teak-logs from the forest, Burka Kannaiah, son of Buchiramulu, the accused who is also resident of the said village had axed on his neck and fled away. In the meantime, LW 4 and PW 4 came in an auto and they tied one cloth around the neck of the deceased and immediately they informed to 108 ambulance and also to PW 14, the Circle Inspector of Police, Gudur and requested him to take action against the culprit. The said complaint was handed over to PW 14 when he came to the scene of offence and then PW 14 endorsed on the complaint and forwarded the same to the police station with Assistant Sub Inspector of Police, Gudur Police Station to register the case under the appropriate section of law for taking further action. Accordingly, the Assistant Sub Inspector of Police, Gudur had handed over the complaint in the police station. On that, the Head Constable of Police, Gudur Police Station, PW 13 registered a case in Crime No. 23 of 2008 for the offences under Sections 447, 427 and 307 IPC and issued F.I.R. He also recorded the statement of PW 1 and proceeded to the Government Hospital, Narsampet to record the statement of the deceased. By the time he went there the deceased was already shifted to M.G.M Hospital for better treatment and he succumbed to the injuries at 11.10 PM on 05-02-2008 in M.G.M Hospital while undergoing treatment. On that, the Station House Officer, Gudur altered the section of law from Sections 447, 427 and 307 IPC to Sections 447, 427 and 302 IPC and issued express alteration memo to all the concerned. In the meantime, PW 15, the doctor conducted post mortem examination over the dead body of the deceased and issued post mortem examination report Ex.P-15 opining that the cause of death is due to injury to neck and its complications. On 09-02-2008 at 11.00 hours, the accused was arrested by PW 14 at Macherla cross road bus stop and he secured the presence of panchas and conducted confession and recovery panchanama and on enquiry by the panchas, the accused admitted the commission of offence and produced the axe MO 5 used in the commission of the offence and blood stained shirt and the same were seized under confession and recovery panchanama Ex.P-14. After completion of investigation, PW 14 filed the charge sheet.

(3.) The court below has framed charge under Section 302 IPC against the appellant - accused and he pleaded not guilty for the said charge and claimed to be tried.