VANGALA BALAMALLU Vs. STATE OF A P

JUDGEMENT

(1.) This criminal appeal is directed against the judgment, dated 1.5.1998 passed in S.C. No.845 of 1996 on the file of the II Additional Sessions Judge, Karimnagar, whereby and whereunder the learned II Additional Sessions Judge found A1-Vangala Balamallu guilty for the offences under Sections 304-Part- IIand 201 IPC and A3-Gandla Narasiah @ Musthyala Narsaiah guilty for the offence under Section 201 IPC and convicted them accordingly and sentenced A1 to suffer rigorous imprisonment for three years for the offence under Section 304-Part-II IPC and rigorous imprisonment for two years for the offence under Section 201 IPC and to pay a fine of Rs.2,000/- in default, to suffer simple imprisonment for three months and A3 to suffer rigorous imprisonment for two years for the offence under Section 201 IPC and to pay a fine of Rs.2,000/- in default, to suffer simple imprisonment for three months

(2.) The appellants 1 and 2 herein are A1 and A3. They along with another accused person (A2-Buchala Mallaiah) were put on trial before the II Additional Sessions Judge, Karimnagar for the offences under Sections 304 and 201 IPC.

(3.) The prosecution case, in brief, is: A1 and A2 are adjacent owners of lands. A2 was digging a well in his land. A1 permitted stocking of the soil removed from the well of A2 on his land. While so, Vangala Ramaiah, the father of A1 objected for A2 stocking earth on his land. There was some altercation between A1 and Vangala Ramaiah (hereinafter referred to as "the deceased") and in the said altercation A1 pulled a stick from the hand of the deceased and beat him on abdomen. As a result, the deceased fell and later got up and left the field proclaiming that he would report to the police. Ultimately, the deceased found hanging in his cattle shed. A report-Ex.P1 came to be presented by P.W.1, the Sarpanch of the village. P.W11 received Ex.P1 report, registered a case in Crime No. 182 of 1995 under Section 174 Cr.P.C. and took up investigation. He conducted inquest on the dead body of the deceased in the presence of P.W.7 and another namely Gaddam Bhoomaiah (L.W.10). He examined P.Ws.1 to 4 and recorded their statements. Ex.P4 is the inquest report. After the inquest, the dead body was sent for post-mortem examination. P.W.10-Dr. S. Krishna Murthy, Medical Officer in Government Civil Hospital, Siricilla conducted the post-mortem examination of the dead body on 30.12.1995 at 10.00 a.m. and found the following injuries: