E ARJUN Vs. STATE OF A P

JUDGEMENT

(1.) The Criminal Appeal is directed against the judgment of the learned I Addl. Sessions Judge, Ranga Reddy Distirct in S.C.No. 614 of 2002, dated: 21 -5-2003 by which E. Arjun (A-1), E. Raju (A-2) Jerupula Dass (A-3), and E.Swamy (A-4) were convicted for the offences punishable under Section 302 read with Section 34 Indian Penal Code and sentenced each of them to suffer Imprisonment for Life and to pay a fine of Rs. 2,000/- in default to suffer Simple imprisonment for one year.

(2.) The substance of the charge against the accused is that on 28-1-2002 at 3.45 p.m. the accused in furtherance of their common object caused the death of Atlabaksh (here in after called the deceased") at Ayyappa Society Road, Madhapur, Ranga Reddy District.

(3.) The case of the prosecution as unfolded during the trial is as follows. P.W.I is the wife of the deceased. The deceased was doing Real estate business. P.W.1 was working as a Stenographer in Apollo Hospital, Jubilee Hills. It is the case of the prosecution that A-1 constructed a house opposite to their plot obstructing the passage. P.W.1 and her husband informed the Municipality. Even though Municipality has issued notice, no further action was taken and therefore, P.W.1 filed Writ Petition in High Court and the High Court directed the Commissioner-P.W.15 to remove the illegal constructions. Accordingly, on 28-1-2002 at about 2.40 p.m. P.W.2, Town Planning Supervisor, P.W.4 building oversear and P.W.3 and others proceeded to the disputed site and demolished the same as per the directions of the High Court. There was also a vegetable shop and the Municipal people removed the vegetable shop and demolished the structure. While the process of demolition was going on, at about 3.40 p.m. the deceased was proceeding from towards the road from his house. Atthat time, A-1, A-3 and A-4 went behind and held him near STD booth. In the meanwhile, A-2 took a pestle from the saman in his house and beat the deceased. Whiie he was being beaten by A-2, A-1 took a stone and hit the deceased on his head. A-3 also picked up another granite stone and hit the deceased. By the time, P.W.1 went to the scene, the accused ran away. The deceased was found dead. Therefore, P.W.1 got a report Ex.P-1 drafted by one Mohan, an employee of Apollo hospital and presented the same in Madapur police station. P.W.24 Sub-Inspector of Police received Ex.P-1 on 28-1-2002 at 4 p.m. and registered the same as a case in Crime No. 19 of 2002 under Section 302 IPC and issued F.I.R. Ex.P-21. P.W.15 Inspector of Police took up the investigation from P.W.14, he held inquest over the dead body under Ex.P-22 inquest report. Ex.P-23 is the panchanama and scene of offence panchanama. P.W.25 seized granite stone M.Os.1 and 2 apart from other things. After inquest, the dead body was sent for post mortem examination. The Civil Asst. Surgeon conducted the autopsy over the dead body on 29-1-2002 at 10.40 a.m. and issued Ex.P-20 post mortem report. On 30-1-2002, the accused were arrested and his confessional statement was recorded in the presence of P.W.17. After completion of investigation, the charge sheet was filed in the Court of Adl. Judicial First Class Magistrate, West and South, L.B. Nagar, Ranga Reddy District, who registered the same as P.R.C.No. 43 of 2002. Since the offence under Section 302 IPC is exclusively triable by the Court of Sessions, the learned Magistrate committed the same to the Sessions Division, Ranga Reddy District. The learned Sessions Judge, Ranga Reedy District registered the same as S.C.No. 614 of 2002 and made over the case for trial and further disposal according to law to the I Addl. Sessions Judge, Ranga Reddy District.