PONGULATI JAYARAJU Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 28-7-2000 delivered in S.C.No.180 of 1997 by the learned Sessions Judge, Machilipatnam, whereby, A-1, who is the appellant herein, was convicted of the offence punishable under Section 304-Part-1 I.P.C. and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.100/- in default, to suffer simple imprisonment for one month. He was also convicted of the offence punishable under Section 324 I.P.C. and sentenced to undergo rigorous imprisonment for a period of one year. The learned Sessions Judge further observed that the sentence of imprisonment imposed under both the counts should run concurrently. Against the judgment, dated 28-7-2000, the appellant-A-1 has preferred this Criminal Appeal.

(2.) The gravamen of the charge framed against the accused is as follows:

(3.) The case of the prosecution, in brief is that A-1 is a resident of Bapujinagar, Gudivada and A-2 and A-3 are his close associates. The deceased Bolla Venkata Rama Rao, was the resident of Pedathummidi village in Bantumilli Mandal. On 3-12-1996, at about 8.00 p.m., an altercation took place between the deceased and A-1 near a sweet shop of Purohit Mangali Ramu on a petty matter. They beat each other with banana stumps and A-1 threatened the deceased to see his end and since then developed enmity and was waiting for an opportunity to eliminate the deceased. On 24-12-1996, at about 11.00 a.m., when the deceased along with his brother Bolla Venkata Ram Madhusudhana Rao was going to the Panchayat office, A-1 approached him and questioned him about the previous altercation. As a result, a fresh quarrel took place between them wherein, they pushed each other and A-1 fell on the compound wall of the Panchayat office and received an injury on his forehead. Immediately, A-1 grew wild and picked up a knife from the nearby hawker of Jama fruits and attacked the deceased with it. Madhusudharna Rao, Vasantha Rao, Veera Brahman, Surendra Babu and Venkateswara Rao triedtorescuethe deceased from A-1. In that process Madhusudhana Rao received a knife injury caused by A-1. A-2 and A-3 who were the close relatives of A-1, rushed to the spot and prevented the supporters of the deceased by saying that the dispute could be settled before the elders. Due to the act of A-2 and A-3 the deceased remained all alone. A-1, taking advantage of the situation stabbed him on the left side of the chest causing bleeding injury and the deceased fell down. A-1 to A-3 fled from the scene of offence. When Madhusudhana Rao was carrying the deceased in a car to Bandar for medical aid, the deceased died on the way. The dead body was brought back to his house. Then, Madhusudhana Rao filed a compliant before the police, who registered a case against the accused. During the course of investigation the Inspector of Police arrested A-1 on 26-12-1996 and recovered the blood-stained knife in the presence of mediators and also arrested A-2 and A-3 on 29-12-1996. The case against A-2 was abated as he died. After completion of investigation, charge sheet was filed.