KAKARIA MOHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) AS many as three deaths have taken place in Polinaidupalli Village of Nellore District on 02.06.2006. The sole accused, by name, Kakarla Mohan @ Mohan Rao, the appellant herein, is said to have caused all the three murders. The case was tried by the Court of the Principal Sessions Judge, Nellore as S.C. No. 70 of 2007. Through its judgment, dated 05.03.2010, the trial Court held the accused guilty of offences of causing the murders of D1 to D3. Sentence of imprisonment for life, and fine of Rs. 500/ -, in default, to undergo Simple Imprisonment for two months, was imposed in respect of each offence, and all of them were directed to run concurrently. The sequence of events that gave rise to the incident is as under:

(2.) BY the time, D1 to D3 and PW.1 reached the Village, a tractor engaged by D2, was said to be ploughing the land. D1 to D3, the children of D2 and PW.1 are said to have gone to the field by walk. The accused is said to have come to that place and raised objection for ploughing the land. After some verbal duel, he is said to have first attacked D1 with a stick by hitting on her head and she has fallen on the ground on receiving injuries. On seeing that, D2 is said to have intervened. The accused is said to have beaten D2 with the same stick and D2 fell down. D3 is said to have tried to run away from the scene, being afraid of the attack, and the accused chased him, and beat with the same stick. All the three attacked persons were said to have died on the spot.

(3.) SMT . A. Gayatri Reddy, learned counsel for the accused submits that though PWs.1 to 3 were examined as eye witnesses by the prosecution, there is no consistency between the evidence of those witnesses. She contends that if in fact a person, like PW. 1, has witnessed the murder of her sister, brother -in -law and nephew, the natural course of conduct would have been to pass on the information to the kith and kin immediately, apart from bringing the incident to the notice of the police. She submits that though the police station was at a distance of 1 KM, and that there was gathering of people at Janardhanapuram on the occasion of a marriage, PW.1 stated that she did not inform to anyone about the incident till her statement was recorded by the police at 8.15 a.m., on the next day.