KELAKA RAMANA Vs. STATE

JUDGEMENT

(1.) The appellant-sole accused in S.C.No.249 of 1997 on the file of Sessions Judge, West Godavari, at Eluru was charged with Sections 302 and 309 IPC, but, however, appellant-accused was convicted for an offence under Section 304-Part-I IPC and was sentenced to undergo R.I. for ten years and to pay a fine of Rs.500/- in default, to undergo R.I. for six months; and also further convicted under Section 309 IPC and sentenced to undergo R.I. for six months, by judgment dated 28.1.1999.

(2.) The learned Sessions Judge, West Godavari, at Eluru recorded the evidence of P.W.1 to P.W.16 and marked Exs.P.1 to P.11 and M.Os.1 to 11 and recorded findings in detail regarding the findings of the guilt of the accused under Section 304 part-I and under Section 302 IPC. The accused was examined under Section 313 Cr.P.C. and the accused admitted that he stabbed the deceased to death and also stabbed himself with knife.

(3.) The case of the prosecution is that appellant-accused is a resident of Eastern Street, Eluru and the deceased Kodi Rama Rao alias Christdas, who was a converted Christian was also resident of the same locality and he used to preach Christianity and hold prayers of faith healing at his house on Sundays. The further case of the prosecution is that the accused was suffering from chronic respiratory infection and the same could not be cured and he turned towards Christianity and sought the shelter of the deceased for curing his disease. The deceased baptized the accused and in spite of prayers the accused could not be cured and hence, the accused developed grudge against the deceased for violating his trust. The further case of the prosecution is that on 15.3.1996 in pursuance of his determination to kill the deceased, the accused entered the house of the deceased armed with knife, stabbed him on the left side of the chest indiscriminately with knife when the deceased was sleeping on a cot in the varandah of his house. The deceased died instantaneously. The son of the deceased by name Kodi Venkiata Durga Rao, who was also sleeping there, woke up and switched on the light in the varandah, while the other members of the family who also woke up, tried to catch hold of the accused. But the accused stabbed himself in his abdomen with the same knife with a view to commit suicide and ran away from the scene up to the end of the lane and fell down at the steps of the house of one Kanuguddi Venkata Rao with bleeding injuries. The accused was shifted to the hospital in his rickshaw and his dying declaration was recorded by the Magistrate. Basing on the complaint of the son of the deceased, Crime No.71 of 1996 was registered under Sections 302 and 309 IPC. After completing investigation, the accused was charge sheeted.