VASTHRALA SUBBA RAO BUDABUKKALA SUBBA RAO Vs. STATE

JUDGEMENT

(1.) This is an appeal filed by the accused under Section 374(2) read with Section 383 of the Criminal Procedure Code aggrieved by conviction and sentence passed by the learned Sessions Judge, West Godavari, Eluru on 5-1-1995 in Sessions Case No.67 of 1994 convicting the accused for the offence under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life.

(2.) A few facts as told by the prosecution, which are necessary to dispose of this appeal, are as follows :

(3.) On behalf of the prosecution, ten witnesses were examined as PW1 to PW10 and Exs.PI to P18 were marked as documents and MOs.l to 10 were marked as MOs. The defence of the accused was one of total denial. An opportunity as required under Section 313 of the Criminal Procedure Code was given, but the same was not availed of by the accused. Learned Sessions Judge after considering the entire evidence on record adduced by the prosecution and after analysing the same in its proper perspective satisfied with the evidence of PW1 eye-witness and the injury found at the time of inquest and also the injuries mentioned in the post-mortem report including the opinion given by the Doctor PW5 as to the cause of death of the deceased. In the absence of any inconsistencies, contradictions or artificialities in the evidence adduced by the prosecution, the learned Sessions Judge found that the accused/ appellant is responsible for causing death of the deceased as told by the prosecution. Hence, he convicted the accused/appellant for an offence under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.