NARABOYINA KULLAYAPPA Vs. STATE OF A P

JUDGEMENT

(1.) The appellants herein are A-1 and A-2 in Sessions Case No. 40 of 1997 on the file of the Sessions Judge, Cuddapah. A-1 to A-4 were tried in the aforesaid Sessions Case for the charges under Section 302 read with Section 34 IPC. The learned Sessions Judge, on appreciation of the evidence of P.Ws 1 to 9, Exs.P-1 to P-14, Ex.D-1 and M.Os 1 to 6, ultimately, convicted A1 for the offence under Section 304-II IPC and sentenced him to undergo Rigorous Imprisonment for a period of four years and to pay a fine of Rs.1,000/- in default, to undergo Rigorous Imprisonment for a period of two months, and convicted A2 also for the offence under Section 324 IPC and sentenced him to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.500/- in default, to undergo Rigorous Imprisonment for a period of one month, but however, acquitted A-3 and A-4.

(2.) The version of the prosecution is that on 30.06.1996 at about 6.30 P.M. at the outskirts of B.Kothapalli, Kondapuram Mandal, Cuddapah District, while the deceased Busagani Krishnaiah was returning from his orange garden, A-2 to A-4 caught hold of him, A-1 and A-2 hacked him with hunting sickle, as a result of which, he died on the same day at 10.30 p.m. P. Ws 1 to 5 are the residents of B. Kothappalli Village. The accused and the deceased are also residents of the same village. P.W.1 is the brother of the deceased- Busagani Krishnaiah. P.W.3 is the father-in- law of P.W.1. P.W. 4 is the wife of the deceased. It is also the version of the prosecution that 15 days prior to the incident, there was a galata between the children of P.W.1 and the children of the accused and on that, the deceased B. Krishnaiah found fault with the children of the accused and beat them, and the accused could not tolerate the said act of the deceased and he was waiting for an opportunity. On 30 06.1996, the deceased, P.Ws 1 and 2 went to the orange garden for cultivating the land and after completing the ploughing of the garden, the deceased was returning home with yoke of bulls followed by P.Ws 1 and 2, at about 6.30 P.M., A-1 to A-4 suddenly came from cheeki bushes armed with hunting sickles and detained the deceased. On being instigated by A- 1, A-2 to A-4 caught hold of the deceased and pushed him down, A-1 hacked him with hunting sickle on the lower portion of left knee causing a deep cut injury, and A-2 hacked him with hunting sickle and caused injury on the left hand fingers. Again A-2 beat the deceased with the reverse portion of the sickle on his left ribs. On seeing P.Ws 1 and 2, the accused ran away. Then P.W.1 sent P.W.2 to the village. P.W.2 brought P.W.3, and the wife of the deceased P.W.4, and the deceased narrated about the incident to P.W.4. Then P.Ws 1 to 3 and one Gopal had taken the deceased to Thallaproddatur Police Station at about 8.00 p.m. On the same day P.W. 7 Sub-Inspector of police, Thallaproddatur Police Station recorded the statement of the injured and obtained thumb impression of the deceased and Ex.P. 3 is the statement. P.W.7 registered the same as a case in Crime No. 28 of 1996 under Section 307 IPC and submitted the FIRs to all the concerned. Ex.P. 4 is the First Information Report. P.W.7 recorded the statement of the injured Ex.P. 5 On the way to the hospital, the deceased died. On 01-07-1996 at about 9.30 P.M. P.W.7 received death intimation from Tadipatri Police Station, and later, he altered the section of law to Section 302 IPC. On 01-07-1996 P.W. 9- Inspector of Police, Kondapuram, conducted inquest over the dead body of the deceased and during the inquest, he examined P.Ws 1 to 4 and recorded their statements. Ex.P. 1 is the inquest report. On 01 -07- 1996 at 1.50 p.m., P.W.6-Civil Assistant Surgeon, Government Hospital, Tadipatri, conducted autopsy over the dead body of the deceased and the death appears to have been due to shock and haemorrhage due to injury to left leg and injury to left kidney. Ex.P2 is the postmortem certificate. The accused were arrested on 11 -08-1996 by P.W. 7 and P.W.9. A1 made a confession. Ex.P-9 is the admissible portion of panchanama. A1 produced the hunting sickle and the same was seized under Ex.P.10 panchanama. P.W. 9 filed charge sheet on 15-10-1996.

(3.) As already stated above, on appreciation of the evidence available on record, the learned Sessions Judge convicted A-1 under section 304-II IPC and A-2 under Section 324 IPC imposing sentence as referred to supra.