BHUKYA BABULAL Vs. STATE OF A P

JUDGEMENT

(1.) Bhukya Babu Lai, sole accused in S.C. No.530 of 1993 on the file of the Sessions Judge, Warangal, is the appellant in this present criminal appeal.

(2.) The Circle-Inspector of Police, Mahabubabad, P.W.10, laid charge-sheet against the accused for an offence under Section 302 IPC.

(3.) The case of the prosecution is that on 15-4-1993, the de facto-complainant -Ajmeera Kheemiya, P.W.1, came to Mahabubabad Police Station along with Ajmeera Parshya and orally stated that the accused caused injuries to Parshya and on the said oral statement, the Station House Officer reduced the same into writing and obtained thumb impression and registered as a case in Crime No.82 of 1993 under Section 324 IPC and referred the injured Parshya to the Civil Hospital, Mahabubabad and from there, the injured was sent to MGM Hospital and then, he was referred to Osmania General Hospital, Hyderabad. On 18-4-1993, the Sub-Inspector of Police, P.W.8, received information about the death of the injured and thereupon, the Sub- Inspector of Police secured Bhukya Mangiya and Banoth Dasru and proceeded to Osmania General Hospital, Hyderabad and there, he had obtained the death intimation of the injured from the Superintendent, Osmania General Hospital, Hyderabad, and inquest was held over the dead body of the deceased and the dead body was sent for post-mortem examination. He had returned to the Police Station and altered section of law from Section 324 IPC to Section 302 IPC and further investigation was taken up by the Circle-Inspector of Police. After taking up the investigation, the Circle-Inspector of Police proceeded to the scene of offence, recorded the statements of witnesses and during the investigation, it was established that these are the residents of Somla Thanda eking out their livelihood by digging wells and they agreed to dig wells pertaining to Gram Panchayat at Somla Thanda and Laxma Thanda and contract was given by the Sarpanch of Laxma Thanda and the Sarpanch also paid Rs.1,000/-. The said amount was shared equally and the remaining amount of Rs.300/- was taken by the de facto-complainant and deceased and spent for their personal requirements. Subsequent thereto, they were divided into two groups. One group decided to dig the wells of Gram Panchayat at Laxma Thanda and another group to dig the well of Guguloth Bheema at Burukunta Thanda and as per their agreement, the de facto-complainant party completed their work and collected their contract amount from the Sarpanch of Laxma Thanda and the amount was equally shared among the de facto-complainant party and the accused party and they also purchased a goat with the balance amount and shared the flesh equally for their dinner. Then, the de facto-complainant went to Gugulothu Bheema and asked him to pay the amount to accused party, on which, Bheema refused and informed that the father of Babulal by name Deshya informed him not to pay the amount to anybody. Subsequent thereto, Kheemiya returned to Somla Thanda and enquired with the father of the accused and quarrelled, for which, Deshya became angry and slapped on the cheek of the de facto- complainant Kheemiya. In the meanwhile, Bhanoth Jayararn and others intervened and subsided the matter and settled the account and paid an amount of Rs.250/- pertaining to goat flesh and informed the de facto-complainant party not to ask share in the amount pertaining to Gugulothu Bheema and the matter was settled.