YELCHURI MANOHAR Vs. STATE OF A P

JUDGEMENT

(1.) A bizarre incident that shook the State in general and the student community in particular occurred on 21.6.2004 when the sun was blazing in the mid sky, in a temple of education run after the name of the Goddess of Knowledge at Vijayawada 'Sharada P.G. College'. The scene of offence was a class room (Room No.2 of the said college), where the final year M.C.A. students facing viva-voce examination were waiting for their turn. A final year M.C.A. girl student by name Sri Lakshmi, who had to face viva-voce test, when she was fully absorbed in reading, sitting on a bench in the said class room, was brutally hacked to death from behind. This astoundingly gruesome act was committed in the very presence of the classmates of the victim. The appellant herein, one Y. Manohar (A.1), a classmate of the victim girl is the alleged perpetrator of the shocking crime. He faced trial as A.1 in Sessions Case No.209 of 2004, on the file of the Sessions Judge, Mahila Court, Vijayawada and was convicted for the offence under Section 302 of the Indian Penal Code and ordered to be hanged to death.

(2.) The learned Sessions Judge made a reference for confirmation under Section 366(1) of the Criminal Procedure Code as sentence of death was inflicted on A.1 and hence R.T. No.2 of 2005. The case in Criminal Appeal No.1265 of 2005, is preferred by the said Manohar, A.1.

(3.) Apart from the charge under Section 302 IPC, A.1 was tried by the learned Sessions Judge for the offence punishable under Section 4(ii) of the A.P. Prohibition of Ragging Act, 1997, Section 27(3) of the Arms Act, Section 120-B IPC and Section 201 IPC. He was acquitted of the offence punishable under Section 120-B IPC and convicted of the offence under Section 4(ii) of the A.P. Prohibition of Ragging Act, Section 27(1) of the Arms Act (instead of 27(3) of Arms Act) and Section 201 IPC, but no punishment was awarded for the said offences as he was ordered to suffer the extreme penalty of capital punishment.