STATE OF A P Vs. MEKALA SREENU

JUDGEMENT

(1.) THIS Criminal Appeal is filed by the State under Section 378 (3) and (1) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C."), against the Judgment dated 22.10.2010 passed in Sessions Case No.114 of 2009 on the file of the V Additional Sessions Judge, (III Fast Track Court), Nalgonda at Miryalaguda, whereunder and whereby, the respondent/accused was found not guilty of the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, "I.P.C."), and accordingly, acquitted of the said offence.

(2.) THE brief facts that are necessary for disposal of the appeal are that on 29.04.2008 at about 9:00 p.m, PW.1 gave a complaint to the police in Telugu stating that on 27.04.2008 at about 08:00 P.M., his younger brother Nagilla Laxmaiah (hereinafter referred to as 'the deceased') and the accused quarreled with each other due to disputes arose regarding the share of coolie amount. Following the same, the accused beat the deceased with hands and also beat on his stomach with an iron hook used for pulling the gunny bags resulting the deceased sustained severe internal injury and fell down on the ground and later, on 29.04.2008 at about 4:00 p.m, he died when he was about to shift to Government Area Hospital, Miryalguda. On receiving the report, PW.14 -Head Constable registered the same as a case in Crime.No.30 of 2008 for the offence punishable under Section 302 I.P.C and issued express First Information Report to all concerned. Thereafter, PW.15 -the Investigating officer took up investigation, recorded the statements of the witnesses, visited the scene of offence, conducted inquest over the dead body of the deceased, sent the dead body for postmortem examination and after receiving the relevant reports and after completion of investigation, he filed the charge sheet against the accused into the Court.

(3.) ON appearance of the accused, the trial Court framed a charge for the offence punishable under Section 302 I.P.C against him. When the said charge was read over and explained to the accused in Telugu, he pleaded not guilty and claimed to be tried.