BALLALA VENKATESWARLU Vs. STATE

JUDGEMENT

(1.) A-1 to A-4 were tried for the offence punishable under Section 302 IPC. A-1 was also tried for the offence punishable under Section 404 IPC. The learned III Addl. Sessions Judge, Kurnool, acquitted A-2 to A-4, however convicted A-1 for the offence under Section 302 IPC and imposed sentence of imprisonment for life and a fine of Rs. 500/-, in default to undergo Simple Imprisonment for a period of one year. A-1 was further convicted for the offence under Section 404 IPC and he was sentenced to undergo Rigorous Imprisonment for a period of two years and a fine of Rs. 100/-, in default to undergo Simple Imprisonment for a period of six months. Both the sentences were directed to run concurrently. Aggrieved by the convictions and sentences imposed against A-1, the present appeal has been preferred.

(2.) The case of the prosecution in brief is that A-1 is a resident of Nossam village and A-2 to A-4 are residents of Jammalamadugu village of Kadapa District. The deceased Panyam Venkata Narayana was a resident of Akumalla village. It is alleged that prior to 5-12-1999, the date of incident, A-1 kidnapped Subbamma (P.W. 5), who is no other than his sister-in-law, in order to marry her. However, it was fizzled out and she was married to the deceased. A-1 appears to have married elder sister of P.W. 5 viz., Gunekka. It is alleged that A-1 bore grudge against the deceased for marrying P.W. 5 and he has developed intention to kill deceased, so as to again have the company of P.W. 5. On 5-12-1999, the deceased left his village Akumalla at about 8.00 a.m., on his cycle, carrying a bundle of clothes to sell them in the nearby villages.

(3.) The prosecution case is that A-1 hired A-2 to A-4 to murder the deceased and in furtherance of their plan, at about 12.30 p.m., accused waited for the deceased at Appanna Bawi Vanka, and when the deceased and returning to Akumalla village, all the accused pushed the cycle of the deceased, as a result of which deceased fell down and thereupon committed murder of the deceased by strangulation. A-1 also committed theft of cycle belonged to deceased and kept with one Madduleti (P.W. 2) of Singanapalli. P.W. 1, the father of the deceased, and paternal uncle searched for the deceased and in that process they found dead body of the deceased with bundle of clothes in the field of B. Prakasa Rao. Therefore, they went to the Owk Police Station and gave Ex.P-1 report to A.S.I., who registered a case in Crime No. 244 of 1999. P.W. 21, Inspector of Police, investigated the offence. Autopsy was conducted over the dead body and Doctor opined that deceased died due to Asphyxia, due to strangulation. Ex.P-12 is the Post-mortem certificate. Accused were arrested on 25-1-2000 and at the instance of the accused, cycle (M.O.6), was seized from the house of P.W. 2. After completion of investigation, charge-sheet was laid before the Magistrate concerned. Since the offence under Section 302 read with 34 IPC is exclusively triable by the Sessions Court, the case was committed to Sessions Court for further proceedings.