BOTHU BASIVI REDDY Vs. STATE OF A P

JUDGEMENT

(1.) The appellant is the sole accused in Sessions Case No.585 of 1999 before the V-Addl. Sessions Judge, Guntur. He was tried for an offence under Section 302 IPC, convicted thereunder and sentenced to undergo life imprisonment and to pay a fine of Rs.2,000/- in default he has to suffer simple imprisonment for one year.

(2.) The gravamen of the charge was that on 14.1.1999 at Avuthu Rainireddy Memorial Bridge, near Rapalle Canal, Kollipara Village, the accused caused the death of deceased-Bonthu Koti Reddy by driving his tractor in high speed and dashing it against him due to which the deceased fell down and sustained injuries. Then the accused reversed the tractor and again hit against the deceased by saying that he would see the end of deceased on that day. A charge under Section 302 IPC was framed against the accused. He pleaded not guilty and claimed to be tried. Prosecution examined 16 witnesses and exhibited 25 documents.

(3.) Mr. C. Padmanabha Reddy, learned Senior Counsel appearing for the appellant/ accused submits that there are three sets of eye-witnesses, one being PWs.1, 2 and 6, second set being PWs.3, 4 and 5 and third set being PWs.8, 9 and 10. He submits that although the prosecution projected PWs.8, 9 and 10 as eye-witnesses, but their testimony was rejected by the learned Sessions Judge on the ground that they were examined after 16 days of the occurrence, however the Trial Court relied on PWs.1, 2 and 6, but it erred in believing these witnesses because account of versions given by them was exaggerated, unnatural, unrealistic and unbelievable. He submits that if the statements of these witnesses are not believed, then there is no evidence connecting the accused to the offence in question. Before coming to these arguments, it may be worthwhile to mention the case of the prosecution briefly.