MYATHASI BHASKAR Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23-12-2002 in S.C. No.83 of 1995, on the file of II Additional District and Sessions Judge (Fast Track Court) Medak, at Sanga Reddy. Initially, the charge under Sections 302 read with 34 and 324 I.P.C., was being tried against A-1 to A-4. The case against A-2, Myathari Christopher was separated, since he was absconding. Thereby Myathari George, who was initially arrayed as A3, became A-2 and Myathari Bhaskar who was shown as A-4, became A-3. Myathari Bhaskar is the sole appellant in this appeal.

(2.) The case of the prosecution is that the accused and the deceased, by name, Garla Seeta Ramulu, brother of PW-1 and husband of PW-5, are the residents of Mubarakpur Village of Medak District. Altercation is said to have been taken place between the appellant and the deceased, in the year 1993, during the Eruvaka Pournima Festival, in the context of taking rounds of the bullock carts around the temple. The Dasara Festival in the subsequent year fell on 13-10-1994. It is alleged that on that day, when the deceased, PW-2 and PW-3 were returning from Hanuman Temple, after puja, the appellant had a quarrel with the deceased.

(3.) It was alleged that at 8.00 p.m., on that day, the accused came and called for the deceased from outside, to the house, when the deceased was having dinner. The deceased is stated to have came out of the house and then the appellant stabbed the deceased with the talwar in the stomach. Christopher (initially arrayed as A-2), is also alleged to have stabbed the deceased with knife, and A-1 and A-2 (as arrayed after splitting of the case), are said to have beaten the deceased with sticks. PW-3 is stated to have received injuries in the right hand finger, when he tried to intervene.