K SRINIVASA SUBRAHMANYA NARASIMHA RAO Vs. STATE

JUDGEMENT

(1.) Sole accused in Sessions Case No. 74 of 1998 before the VII-Additional Sessions Judge, Vijayawada is the appellant in this Appeal. He has been convicted of the offence under Section 364 IPC and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- i/d. to suffer simple imprisonment for three months. He has also been convicted of the offence under Section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/-i/d. to suffer simple imprisonment forthree months. He has also been convicted of the offence under Section 506 IPC and sentenced to undergo simple imprisonment for six months.

(2.) The gravamen of the charge was that on 31 -7-1995 at about 5.30 p.m. to 5.45 p.m. at Vijayawada the accused committed the murder of one Kollipakula Suman after kidnapping him for ransom. Charges under Sections 364,302 and 506 IPC were framed against the accused. He pleaded not guilty and claimed to be tried. Prosecution examined 15 witnesses and exhibited 16 documents. P.Ws. 1 and 2 are the father and mother of the deceased respectively. P.Ws. 3 and 4 are the brothers of the deceased. P.W. 5 is the uncle of the deceased.

(3.) Story of the prosecution was that the deceased and accused were residents of Satyanarayanapuram, Vijayawada. The accused and his family members were living as tenants in P.W. 1's house for 15 years prior to the occurrence. The accused knew the deceased and was familiar with the deceased. The deceased was studying 6th class in Balavidya Mandir, Laxminagar, Vijayawada. On 31-7-1995 the deceased came back home from school and after having food he went out saying that he was going to see his friend, but did not return home. On 1-8-1995 at about 7.45 a.m. P.Ws. 1 and 3 received an anonymous phone call. On phone they were told that the deceased was with the caller and he would release the deceased on receiving ransom, but he would specify the amount later. At about 11.30 a.m. the same person phoned again and made a demand of Rs. 6,00,000/-. Phone calls were repeated on 2-8-1995,3-8-1995 and 5-8-1995. P.W. 3 suspected that the person who was speaking on the phone was the accused as he could identify his voice. A report was filed with the police on 1 -8-1995. P.W. 4-Sub-lnspector of Police received the report-Ex. P-1 from P.W. 1 and registered a case in Cr. No. 166 of 1995 under Sections 363 and 3651 PC and issued F.I.Rs to all concerned. On 5-8-1995 at 18.30 hours P.W. 3 went to P.W. 14 and presented a written report-Ex. P-2. P.W. 14 registered the report and altered the Sections of law to 364 and 302 IPC.