VEMULA JAGADISH Vs. STATE OF A.P.

JUDGEMENT

(1.) THE sole accused in S.C.No.148 of 2008 on the file of the I Additional Sessions Judge, Mahabubnagar filed this appeal, feeling aggrieved by the judgment dated 28 -08 -2009, rendered therein. The accused was tried for the offence under Section 302 I.P.C. for committing the murder of one Sri Cheerala Keshavulu, on 13 -09 -2007. Sentence of imprisonment for life and fine of Rs.100/ - was imposed. He was also tried for the offence under Section 324 I.P.C. for causing injuries to the wife of the deceased, PW -2; and found guilty of the same. Sentence of rigorous imprisonment for one year and fine of Rs.100/ - was imposed for that offence.

(2.) THE case of the prosecution was that the deceased was a shepherd by profession and the accused has enmity with the deceased on the ground that the latter used to make his sheep to graze in the field of the former, despite the objection. It was also alleged that a tamarind tree in the agricultural land of the accused withered away all of a sudden, and he suspected the accused of doing sorcery, and on verification, he came to know that many persons became victims of the sorcery performed by the deceased. A child of the brother of the accused, by name, Shiva Prasad, is said to have fallen seriously ill and died within a month, and in that context, the deceased was called to a place in the Village, and there, the deceased is said to have given a blunt answer to the effect that he would kill the other members of the family of the accused, one after the other, in the same way. Afraid of the sorcery by the deceased, the accused and his mother are said to have migrated to a different place for livelihood and that about 20 days prior to the incident, i.e. 13 -09 -2007, the mother of the accused came back to their Village, Srirangapur and within two days after her arrival, she is said to have got sores over the knees and her health condition deteriorated, despite the treatment taken from an R.M.P in the Village.

(3.) THE Station House Officer, PW -14, got the scene of offence panchanama drawn, caused inquest and post -mortem, and on the basis of the same, investigation was conducted. He filed the charge -sheet, alleging offences under Section 302 I.P.C., against both, the deceased, and 324 I.P.C., vis - -vis PW -2.