MOHD. PASHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) TWO beggars died in front of Sri Sitarama Swamy Temple by the side of Sri Sai Baba Temple, at Chadarghat, on 09.12.2007. The police registered Crime No. 915 of 2007, in relation thereto. Alleging that both the deceased were killed by the watchman of the Temple, by name, Mohd. Pasha, the police prepared the scene of offence panchanama, caused inquest, and thereupon, the post mortem examination of the dead bodies was conducted in Osmania General Hospital. After recording the statements of the persons acquainted with the crime, the prosecution filed a charge sheet against the sole accused, alleging that he caused the death of two beggars in front of the Temple by hitting them with boulders. The Metropolitan Sessions Judge, Hyderabad, in S.C. No. 176 of 2008, framed necessary charges, in this behalf. On the accused pleading not guilty, the trial was conducted, wherein P.Ws. 1 to 15 were examined and Exs. P.1 to P.24 were filed. MOs. 1 to 3 were taken on record.

(2.) THROUGH its judgment, dated 26.08.2009, the trial Court held the accused guilty of the offences punishable under Section 302 I.P.C. Sentence of imprisonment for life and fine of Rs. 100/ -, in default to undergo simple imprisonment for one month was imposed. Hence, this appeal by the sole accused.

(3.) LEARNED Additional Public Prosecutor, on the other hand, submits that for all practical purposes, P.W. 1 is an eyewitness, and the trial Court has taken the same into account. She contends that though P.W. 1 gave a detailed account of the occurrence of the offence, the witness was not cross -examined at all, and thereby, the case against the accused stood proved.