BODA LOKYA Vs. STATE OF A P

JUDGEMENT

(1.) Heard Sri C. Praveen Kumar, the learned counsel representing the appellant and the learned Additional Public Prosecutor.

(2.) Boda Lokya the appellant-sole accused in Sessions Case No. 263 of 1994 on the file of Additional Sessions Judge, Khammam, aggrieved by the judgment dated 22-9-1997, had preferred the present appeal. The appellant-accused was convicted for the offence punishable under Section 304, Part II of the Indian Penal Code (for brevity 'IPC') and sentenced to undergo rigorous imprisonment for seven years and also to pay a fine of Rs. 2.000/-.

(3.) The case of the prosecution is that the deceased Boda Sakru and the appellant- accused are cousin brothers, and they belonged to Venkatayathanda. About six months back, the appellant-accused outraged the modesty of the complainant-Boda Bhadri (wife of the deceased) while she was alone in the field and in relation thereto a Panchayat was held in 9th mile thanda in the presence of caste elders. The elders admonished the appellant-accused stating that if the accused again quarrelled with the complainant-Bhadri, he has to pay Rs. 10.000/- towards compensation to this effect and a written document was drafted. The appellant-accused was having grudge over the deceased Sakru and his wife Bhadri. It is also the version of the prosecution that on 3-3-1993 at about 7.30 p.m. L.W. 6 Dharavath Haridash brought liquor from the house of the appellant-accused and gave one glass of liquor to the deceased. But the deceased Sakru refused to take liquor since it was brought from the house of the appellant-accused. The appellant-accused having come to know about the said refusal of liquor by the deceased-Sakru, picked up quarrel with him at 8.00 p.m. While the deceased-Sakru and his wife Bhadri came to the house of Guguloth Poolaiah, stating that the wife of the deceased was having illicit intimacy with several people but the deceased did not find fault with her and for refusing to take liquor which was brought from his house. Complainant-Bhadri came to appellant-accused and asked him as to who are the people with whom she had illicit contacts and she also caught hold of the collar of the shirt of the appellant-accused and appellant-accused beat her. Immediately, the deceased-Sakru nearby, went to rescue her, then the appellant-accused removed a knife from his waist portion of dhoti and stabbed the deceased on the chest and twice on the stomach. The deceased fell down with bleeding injuries and became unconscious, which was witnessed by the neighbouring persons. The appellant-accused fled away and the deceased was shifted to Tekulapalli with the help of the persons gathered there, for medical aid, but the deceased Sakru succumbed to the injuries at about 9 p.m. on reaching to Tekulapalli bus stand.