KADAPAGUNTA SWAMINATHA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dated 4-11-1995 passed by the I Additional District and Sessions Judge, Chittoor in Sessions Case No. 119 of 1992, convicting the accused-appellant for the offence under Section 304, Part II of the Indian Penal Code and sentencing him to suffer Rigorous Imprisonment for a period of ten years and also to pay a fine of Rs. 500.00 in default to suffer simple imprisonment for a period of two months.

(2.) The prosecution case in brief may be summarised thus : The deceased Mohan Reddy was the nephew of Sri. G. Krishna Reddi (P.W. 1) who was a resident of Nadimooru village. The accused Swaminatha Reddi is the resident of Mitta Indlu. P.W. 1 was running a Fair Price Shop in the village, and in regard to the alleged irregularities committed by him, the accused had given a news item in some newspapers some time back before the occurrence of the incident in question. Thus, there was some enmity between these two, and as the deceased was the nephew of P.W. 1, he was also not having good terms with the accused. On the date of the incident i.e. on 27-3-1991 at about 3 p.m. P.W. 1 was waiting for a bus at the bus stop, the other prosecution witnesses were also present over there sitting on the pile of one Damodar Reddy and they were talking. The deceased Mohan Reddy came over there with a value tube of the cycle in his hand declaring that he had taken it from the cycle of the accused and then he threw it on the ground. Meanwhile, the accused reached over there, caught of the deceased and dashed his head with the wall of the house. Damodar Reddy, pushed him down on the ground, sat over his chest and gave him fist blows. When the deceased raised cries, other witnesses reached over there and they saw the incident in question. According to the prosecution, the deceased had received injury on the left side of the temple bene and died on the spot. The accused started running away from the scene of occurrence and then P.Ws. 3 and 4 chased him and caught hold to him. Thereafter a report was lodged with the police whereupon a case in Cr. No. 25/89 under Section 302, I.P.C. was registered against the accused and investigation was done, the inquest report was prepared, the autopsy was done on the dead body of the deceased, accused was arrested and after completing the investigation in the case, the chargesheet was filed in the Court.

(3.) A charge for the offence punishable under Section 302, I.P.C. was framed against the accused who pleaded not guilty and claimed to be tried.