VADLAMUDI GIRIDHAR NAIDU Vs. STATE OF A P

JUDGEMENT

(1.) Sole accused in Sessions Case No.308 of 2001 on the file of the V-Addl. Sessions Judge, Tirupati is the appellant. He was tried for the offence under Section 302 IPC, convicted thereunder and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/- in default he has to suffer simple imprisonment for six months.

(2.) The allegations against the accused were that on 25.8.2000 at about 2.00 p.m. while the deceased Thyagaraja Naidu was grazing his cattle (cows) near Erragunta of Ravanappagaripalli Village, the accused picked up quarrel with him and committed his murder by giving a blow with a bill hook on the back side of his head causing multiple injuries which resulted in his death. On the basis of these allegations a charge under Section 302 IPC was framed against the accused. He pleaded not guilty and claimed to be tried. Prosecution examined 12 witnesses and exhibited 15 documents. Defence also examined one witness.

(3.) Briefly speaking, the case of prosecution was that the deceased and the accused belong to the same village of Ravanappagaripalle. P.W.I is the cousin, P.W.2 is the wife, P.W.3 is the daughter and P.W.6 is the brother of the deceased. It was the case of the prosecution that there was a dispute between the accused and the deceased with regard to sharing of water from a well. The family of the deceased consisting of himself and his two brothers owned land which had a well in it. The accused purchased half share of land from the brothers of deceased along with well and other half share of the land remained with the deceased. The accused wanted to cultivate not only the land purchased by him from the brothers of deceased, but also the land which he had owned prior to purchase, with the water from the well. The deceased objected to it. Some mediation took place three months prior to the death of deceased, which failed. On 25.8.2000 at about 9.00 or 10.00 a.m. P.W.I had taken his cows for grazing to poramboke, land near Erragunta. The deceased also had taken his cows for grazing near Erragunta which was 100 feet away from P.W.1. At about 1.30 to 1.40 p.m., the occurrence took place in presence of some of witnesses. The case mainly rests on the evidence of PWs.1, 2, 4 and 5.