SHUKALA SATISH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) IN Sessions Case No. 101 of 2009 on the file of the VIII Additional District & Sessions Judge (Fast Track Court), Visakhapatnam, the appellant herein was tried as the sole accused for the offence of causing the death of Padala Srinu of Bypireddipalem Village, Visakhapatnam District on the early hours of 14.12.2007. It was alleged that the deceased, Srinu, was being engaged as Cleaner on various lorries and that on the preceding night i.e. on 13.12.2007, the accused, Driver of a lorry, took the deceased to work as a Cleaner. P.W. 2 is the daughter of the deceased. She stated that while going on duty, the deceased gave her Rs. 100/ -, which, in turn, was paid by the accused.

(2.) P .W. 1 is a person running a Vulcanizing Shop in the locality. At about 8.00 a.m., he is said to have gone to nearby tea stall and there, two coolies i.e. P.Ws. 6 and 7, who were working in the neighbouring brick kiln, informed him that they found a person of Bypireddipalem Village with injuries on the road side and they dropped him in his house in an auto -rickshaw. On hearing this, P.W. 1 is said to have gone to the house of Srinu, who is acquainted with him and that Srinu is said to have informed him that the accused took him on the lorry and in the night, they reached the native place of the accused and when the accused went to his house for taking dinner, Srinu slept in the lorry and about 3.00; a.m., the accused has woken up Srinu and verified about the missing parts of a T.V. On Srinu pleading ignorance about the parts, the accused is said to have beaten him with iron rod and laid near the brick kiln.

(3.) NARRATING all these facts, P.W. 1 submitted a complaint, Ex. P1, before Nathavaram Police Station at 9.00 p.m. Crime No. 61 of 2007 was registered alleging offence punishable under Section 302 I.P.C. against the accused. The police arrived at the spot where the dead body of Srinu was lying. The scene of offence panchanama was conducted and inquest and post -mortem were caused. After completing the investigation, the prosecution has filed a charge sheet. On denial of the charge by the accused, the trial was conducted wherein, P.Ws. 1 to 14 were examined and Exs. P1 to P18 were filed. M.Os. 1 to 4 were taken on record. No evidence was adduced on behalf of the accused.