ELLALA LINGA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in S.C.No.187 of 2008 on the file of the Sessions Judge, Karimnagar was tried for the offence of committing murder of one Sri Hanumandla Bhoopathi Reddy (hereinafter referred to as 'the deceased') on 20.11.2005 and causing disappearance of the evidence in that behalf. Through its judgment, dated 06.11.2009, the trial Court convicted the accused for the offences punishable under Sections 302 and 201 I.P.C. Sentence of life imprisonment and fine of Rs.1,000/-, in default, to undergo simple imprisonment for three months was imposed for the offence punishable under Section 302 I.P.C. and punishment of three years imprisonment and fine of Rs.1,000/-, in default, to undergo simple imprisonment for a period of three months was imposed for the offence punishable under Section 201 I.P.C. Hence, this appeal.

(2.) The information about the death of the deceased reached the Station House Officer, Bejjanki Police Station with the submission of complaint, Ex.P1, by P.W.1, wife of the deceased, on 23.11.2005. She stated that out of her four daughters, P.W.2 is a widow residing in the same village and the deceased was helping her in cultivation. The accused is said to be owning the lands by the side of the lands of P.W.2. It was alleged that there are quarrels between P.W.2 and the accused in relation to boundaries of land and at one stage, the accused took a vow that he would liquidate the deceased. She further stated that at about 8.00 a.m. on 20.11.2005, the deceased left the house for the fields, but did not come back. She is said to have been informed by the husband of the Sarpanch, Sri Peechu Shankar Reddy (not examined), that the deceased is lying in the well of one Sri Edumyakala Balamallu and that it was witnessed by one Sri Edumyakala Anjaiah. On receiving this information, P.W.2 is said to have gone to the well and identified the dead body as that of her father, Bhoopathi Reddy. Ultimately, P.W.1 stated that the deceased may have slipped into the well and died.

(3.) On the basis of Ex.P1, Crime No.180 of 2005 was registered under Section 174 Cr.P.C. and the matter was taken up for investigation. 18 days thereafter i.e. on 08.12.2005, P.W.2, the daughter of the deceased, submitted a complaint to the Police stating that P.Ws.3 to 5 informed her that on 20.11.2005, in the afternoon, at about 5.00 p.m. they heard some voice in the field of the accused and when they went nearby, they found that the accused was sitting in his cattle shed, and the deceased was nearby him, and she suspected that the death of the deceased may have been caused by the accused. The police modified the F.I.R. and the provision of law in it was changed. The dead body was removed from the water, inquest and post-mortem were conducted. After completion of the investigation, a charge sheet was filed and the trial Court framed the charge.