STATE OF A.P. Vs. RAYUDU RAMANA

JUDGEMENT

(1.) AGGRIEVED by the Judgment of the learned VII -Additional Sessions Judge, Kakinada, dated 28 -1 -2008, in S.C.No.529 of 2006, acquitting the accused of the charge under Section 302 read with 34 of I.P.C., the State preferred the appeal.

(2.) THE allegations in brief are as follows: - One Vittanala Venkata Ramana @ Ramana (deceased) is the elder son of Vittanala Narayana @ Narayaudu who is a resident of Ramanayyapet, Kakinada Rural. Vittanala Narayana @ Narayaudu has four sons and a daughter. His 3rd son by name Krishna (P.W.3) was given adoption. While the deceased and his younger brother were residing in Hyderabad and working in Cinema Hall, the deceased and his younger son Simhachalam (P.W.3) were residing in a thatched house at Ramanayyapeta. The deceased divided his 150 yards of site equally among his three sons including the third son who was given in adoption. P.W.1 has got another 75 sq.yds., of site in the same street and he promised for giving it to the wife of the deceased (P.W.1) and his third son (P.W.3). The accused who are the sons of his daughter raised dispute claiming share of their mother. The relation between the accused and the deceased became strained.

(3.) LEARNED Public Prosecutor submits that the evidence that is placed on record was cogent and reliable but the accused have been acquitted by placing reliance on the minor discrepancies.