GANJI CHANDRAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) THE Village Revenue Officer of Kamavarapukota village PW.1 submitted a complaint - Ex.P.1 before Tadikalapudi Police Station at 08.00 a.m., on 24 -03 -207 stating that one Mr.Gudelli Joji - PW.5, a resident of the same village, informed him that one Ganji Chandraiah accused killed his son Ganji Venkateswara Rao, in the intervening night of 23/24 -03 -2007 in a brutal manner, so much so, the intestines of the deceased were coming out, and caused injuries to his wife PW.2, that he proceeded to the scene of offence at about 06.00 a.m., noted the details and requested the police to take necessary action.

(2.) CRIME No.18 of 2007 was registered by the police against the accused under Sections 302 and 324 I.P.C. The police visited the scene of occurrence, prepared scene of offence panchanama, conducted inquest and caused post -mortem. Alleging that the accused caused the death of his son and injuries to his wife, a charge -sheet was filed.

(3.) SMT .D.S.Laxmi, learned Counsel for the appellant submits that there was no eye -witness to the incident and no circumstance that can establish the guilt of the accused is made out by the prosecution. She contends that the wife of the accused, who was said to be an injured eye -witness, and examined as PW.2, did not support the case of the prosecution, and on the other hand, stated that there was cordiality among the members of their family i.e., herself, the accused, the deceased and PW.4. She contends that PW.4, the wife of the deceased, also stated that there was no enmity between the accused and the deceased, and still the trial Court convicted the accused. Learned Counsel further submits that since the accused is an old man, aged about 75 years, the question of such a person attacking a youngman, that too his own son, and killing him does not arise.