PALAVALA RAMAKRISHNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal by the appellant-sole accused is directed against the judgment, dtd. 14/12/2016, in Sessions Case No. 112 of 2014 on the file of the Judge, Family Court-cum-III Additional District and Sessions Judge, Srikakulam, whereby the appellant was found guilty of the offences punishable under Ss. 302 and 201 of the Indian Penal Code, 1860 (for short 'IPC') and accordingly he was convicted of the said offences and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000.00 in default to suffer simple imprisonment for a period of six months for the offence punishable under Sec. 302 IPC and further sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000.00 in default to suffer simple imprisonment for a period of six months for the offence punishable under Sec. 201 IPC. Both the sentences were ordered to run concurrently.

(2.) The substance of the charges framed against the appellant/sole accused is that on 31/12/2012 at about 4.00 PM, the accused took Balaga Appalaraju (hereinafter referred to, as 'the deceased') to Madduvalasa project, Vangara on the plea of bathing and while taking bath, the accused kicked on the testicles of the deceased and pushed him into reservoir water, bearing grudge against the deceased as he was getting profits more than the accused and also insulted the accused for not returning Rs.2,000.00 which was taken as hand loan by the accused from the deceased and thereby committed murder of the deceased which is an offence punishable under Sec. 302 IPC; and having knowledge that the accused committed an offence punishable under Sec. 302 IPC, the accused secreted wearing apparel of the deceased i.e. red colour shirt, cap and Nokia cell phone and thereby caused evidence of commission of the offence of murder to disappear with an intention of screening himself from legal punishment and thereby the accused committed an offence punishable under Sec. 201 IPC.

(3.) Case of the prosecution, in brief, is as follows: