KUNDURU VINAYA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) The accused in Sessions Case No.33 of 2002 on the file of the Court of the VI-Addl. Sessions Judge, Guntur (Fast Track Court) are the appellants in these two appeals. All the three accused were convicted for the offence under Section 302 read with Section 34 of the Indian Penal Code and were sentenced to imprisonment for life and to pay a fine of Rs.5,000/- each in default to undergo simple imprisonment for a period of one year each. They were also convicted for the offence punishable under Section 449 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs.3,000/- each in default to undergo simple imprisonment for a period of six months each. Both the sentences have been directed to run concurrently.

(2.) Aggrieved by the said judgment, dated 15-6-2004, the accused Nos.1 and 2 filed Criminal Appeal-No. 1188 of 2004 and the accused No.3 preferred Criminal Appeal No. 1180 of 2004.

(3.) The prosecution case was that the deceased - Venna Bala Reddy was running business in seeds under the name and style of 'Manoj Seeds' at Door No.6-6(A) at Brahmaiah Well Centre at Rentachinthala Village of Guntur district. The accused No.2 is the son of accused No.1. Accused No.3 is their relative. The accused No.2 married one Annamery, who is the daughter of A the sister of accused No.l. The deceased developed illicit intimacy with Annamery, wife of the accused No.2. In spite of the efforts on the part of the accused Nos.l and 2 to put an end to the said relationship, the deceased did not mend his ways The accused No.2 got frustrated and necked out his wife 10 months prior to the incident. The deceased used to heckle accused No.2, due to which the accused No.2 felt humiliated and conspired with accused Nos.1 and 3 to kill the deceased. Accordingly, on 16-6-2001 at about 1.45 p.m., when the deceased was transacting business, the accused Nos.l to 3 trespassed into the shop of the deceased with deadly weapons. By that time PW.l-Venna Innareddy was present at the shop and was talking to the deceased. PW.2-G. Marreddy, P.W.3-D. Rajarathna Reddy and PW.4-G. Kaspareddy were also present in front of the shop. The accused No.1 pushed out PW.1 from the shop. Accused No. 3 sprinkled chilli powder on the face of the deceased and then accused No.l stabbed the deceased on the right side of the chest and also in the middle of the chest with a big knife. Accused No.2 beat the deceased with an iron rod on his head. Accused No.3 inflicted knife injuries on the right shoulder and right elbow. The deceased while trying to ward off the blows, sustained injuries on both the hands. After the accused went away, P.Ws.l to 4 shifted the deceased to the hospital at Gurajala in the Jeep belonging to P.W.7-Ramulu where the deceased was declared dead. P.W.I gave a report (Ex.P-1) at about 4.00 p.m., in the Police Station at Rentachintala specifying the names of all the three accused, and the same was registered as Cr.No.55 of 2001 under Section 302 read with Section 34 of I.P.C. The Inspector of Police, Guntur Rural Circle (P.W.11), who took up the investigation, prepared an observation report and a rough sketch was drawn and M.O.11 - Bloodstained Cotton seed, M.O.12 - 4 Cotton Seed Packets, M.O.13 - Chilly Powder in a tin, M.O.14 - Shirt buttons, M.O.15 - Two Chappals - M.O.16 - Bloodstained earth, M.O.17 - Controlled earth were seized from the scene of offence. Inquest was conducted over the dead body on 17-6-2001. P.W.10 - Deputy Civil Surgeon, Government Hospital, Gurajala conducted post-mortem on the dead body of the deceased and in Ex.P-7 report opined that the deceased died due to Haemorrhage and shock of multiple injuries. On 19-6-2001 at 4.45 p.m. P.W.11 arrested accused Nos.l to 3 at Rentachintala Railway Station and recorded their statements in the presence of the mediators. Accused No.l disclosed that the weapons used in the crime were kept in the bushes near Agricultural Market-yard of Rentachintala Village. Accordingly, P.W.11 proceeded to the market-yard and in the presence of the mediators, recovered two knives, an iron rod and one bloodstained shirt (M.Os.1 to 4) from the bushes in the market-yard. The case was taken on file as P.R.C. No.39 of 2001 by the II-Additional Munsif Magistrate, Gurazala and after the same was committed to the Sessions Court charges were framed on 29-7-2002 and all the accused pleaded not guilty.