LAWS(APH)-2014-3-37

SHAIK RIYAZ Vs. STATE OF ANDHRA PRADESH

Decided On March 05, 2014
Shaik Riyaz Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The sole accused in S.C.No.91 of 2007 on the file of the Additional Sessions Judge, Hindupur was tried for the offence of committing murder of one Sri Harijana Narasaiah at Hindupur on 01.09.2006. Through its judgment, dated 21.04.2008, the trial Court convicted the accused for the said offence and sentenced him to undergo imprisonment for life and imposed fine of Rs.500/-, in default, to undergo simple imprisonment for one month.

(2.) The Station House Officer, Hindupur received Ex.P1, complaint, submitted by P.W.1, the wife of the deceased, alleging that herself, her mother-in-law, P.W.2, and the deceased were in the house at about 12.00 noon on 01.09.2006, the accused came and took the deceased along with him stating that he has some matter to discuss. P.W.1 is said to have accompanied both of them in the context of purchasing vegetables in the market. After reaching the market near an electric pole, the deceased and the accused are said to have discussed the matter about repayment of the amount and that at once, the accused grew wild, took a knife from the pocket and indiscriminately stabbed the deceased. P.W.3, younger brother of the deceased, was said to be at Parigi Bus Stand at that point of time. She further stated that when herself and P.W.3 sought to intervene, the accused threatened them and ran away. Both of them are said to have shifted the dead body of the deceased to the Government Hospital. She prayed for necessary action against the accused.

(3.) Crime No.81 of 2006 was registered at 2.10 p.m. The police visited the scene of offence, prepared a panchanama, caused inquest and post-mortem of the deceased. The statements of P.Ws.1 to 4 were recorded. The accused is said to have been nabbed thereafter and a knife and clothes from him were recovered. After completion of the investigation, P.W.11 filed a charge sheet. Taking the same into account, the trial Court framed the charges and trial was conducted.