LUNAVATH DEVA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Criminal Appeal is preferred by the sole accused in S.C. No. 258 of 2008 on the file of the Sessions Judge, Karimnagar. Through its judgment, dated 09.10.2009, the trial Court convicted the accused for the offence of committing the murder of Lunavath Lalu on 1.12.2006 in Gandipalli village of Husnabad Mandal, and sentenced him to undergo imprisonment for life, and to pay fine of Rs. 2,000/ - in default, to undergo Rigorous Imprisonment for three months. The facts presented before the trial Court was that:

(2.) LUNAVATH Balu, P.W. 1, the son of the deceased Lunavath Lalu, submitted a complaint, Ex. Pl, at 12.30 noon on 01.12.2006, before the P.S. Husnabad, stating that he was studying 9th class in the Andhra Pradesh Tribal Welfare Residential School (for short "A.P.T.W. Residential School"), Kataram, he came to his native place Gandipalli, since he developed heat boils to his leg about one week prior to that day. His father is said to have left for the fields at 6.00 a.m. on that day, together with his younger brother, Ramesh, and later on, himself and his mother went to the fields at 8.00 a.m., with Tiffin box for his father and brother. When he was about to reach the filed, he is said to have noticed from a distance of 50 yds that the accused, who was armed with an axe, dealt blows with the weapon thrice on the neck of the deceased, who was watering the chilli crop, and thereupon, the deceased fell down. P.W. 1 is said to have tried to attack the accused with a stone, but since the latter threatened to kill him and chased to some distance, he came away, and informed the incident to one Bhukya Chendru, P.W. 4, and another by name Ramlal. Thereafter, he is said to have gone to the home and brought the villagers to the scene of occurrence duly informing them what has happened.

(3.) CRIME No. 228 of 2006 was registered and investigation was taken up. The formalities, such as, preparation of scene of offence panchanama, causing of inquest, and sending the body for postmortem examination, were completed. On conclusion of the investigation, P.W. 11 filed the charge sheet, alleging offence of committing the murder of Lunavath Lalu, and attempting the murder of P.W. 1; against the accused. The trial was conducted on the accused pleading not guilty. On behalf of the prosecution, P.Ws. 1 to 11 were examined and Exs. P1 to P 11 were filed. MOs. 1 to 5 were also taken on record.