R PAYANI Vs. STATE REPR

JUDGEMENT

(1.) This appeal is preferred against the conviction and sentence passed in Sessions Case No. 105 of 1992 on the file of the Sessions Court of Chittoor Division.

(2.) The appellant-sole accused was charge-sheeted under S. 302 of the Indian Penal Code for causing the death of one V. Kuppuswamy by intentionally driving the tractor over him when he along with his relatives raised obstruction when the accused was transporting sand in his tractor-cum-trailor through the fields of the deceased Kuppuswamy.

(3.) The brief facts of the case of the prosecution are :- The accused is a resident of Ganganapalle Harijanawada in Chittoor and is a tractor driver. He was driving the tractor bearing No. ABC 5041 and trailor No. ABC 5042 and was carrying the load of sand from the river bed, which is situated on the eastern side to Vaddarapalle and was transporting the said sand through the fields of V. Ramachandra Naidu (PW 1) and his younger brother V. Kuppuswamy (the deceased). Having learnt about the accused using the fields of the de facto complainant as public road, the de facto complainant and other villagers along with the deceased objected the accused for the same, on 12-7-1991 morning, and the accused also tendered his apology. In spite of it, the de facto complainant and his brother subsequently learnt that the accused was again transporting the sand through their fields, during night times. On 16-7-1991 at about 9.30 p.m., PW 1, the deceased and the son of the de facto complainant viz., Srikanth (PW 2) along with one Chinnabba (PW 3) went to their field, situate near Akkagarigunta and noticed the accused taking his tractor-cum-trailor with a load of sand and entering into the patta land and they protested the accused not to proceed through their patta land and the de facto complainant raised his hands to stop the vehicle and on that, the accused became wild and threatened them not to obstruct his vehicle and so saying, drove the tractor intentionally and dashed against the deceased and the tractor ran over the deceased and he died on the spot. The accused drove the tractor with high speed in a zig-zag manner towards Muthirevula railway gate and the trailor got delinked during the said incidence. The accused left his tractor near Muthirevula railway gate and absconded. On a report given by the de facto complainant, the case was registered in the Muthalpet Police Station under S. 302, I.P.C. Ex. P-1 is the complaint give to the police. Ex. P-9 is the First Information Report.