SRINIVAS ALIAS SEENU Vs. STATE

JUDGEMENT

(1.) This is an appeal filed by the accused against the judgment of the learned II Additional Metropolitan Sessions Judge, Hyderabad, passed in S.C.No. 111 of 1991 dated 17-9-1992 convicting and sentencing him to undergo rigorous imprisonment for a period of four years for the offence punishable under Section 304 Part II of Indian Penal Code.

(2.) The case of prosecution in brief is that the deceased and the accused in this case were teenagers and residents of Jawahar Nagar, Hyderabad. On 10-4-1990 at about 8 p.m. P.W.2 father of the deceased sent the deceased to return the taxi cycle. The deceased had kept the cycle at the shop of one Hemalatha. The accused took away the cycle without the consent of the deceased. On seeing him, the accused threw down the cycle carelessly. The deceased got wild and an altercation ensued. They were separated and in the meantime, the deceased went to take water. The accused obtained a knife and stabbed the deceased in the presence of P.Ws.1 and 3 to 6. P.Ws.7 and 8 were also eye witnesses to a part of the incident. P.W.2, as his son did not return home, went in search of him and learnt from the eye witnesses about the incident/He lodged Ex.P-2 complaint with P.W.14, S.I. of Police, who registered a case in Crime No. 110 of 1990 of Sanjivareddinagar Police Station and issued Ex.P-11, FIR. After inquest over the dead body, in the presence of panchayatdars, it was sent for autopsy. P.W.10 conducted post mortem examination and issued Ex.P-9 post mortem certificate opining that the deceased died of shock and haemorrhage due to stab injury.

(3.) After investigation, the accused was tried for murder of the deceased. The plea of the accused was one of denial. The trial Court after considering the evidence on record convicted and sentenced the accused to undergo rigorous imprisonment for a period of four years for the offence punishable under Section 304 Part-II of IPC.