YELLE SRINU Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal preferred by the sole accused in S.C.No.24 of 2004 on the file of the I Additional Sessions Judge, Rajahmundry. He was charged forthe offence under Section 302 IPC for allegedly beating on the head of the deceased with a bamboo stick resulting in his death while undergoing treatment on 16-8-2003. The factual matrix leading to the conviction of the appellant are briefly as follows.

(2.) On 16-8-2003 at about 9-00 a.m. the accused parked his bicycle on the bund of the canal to answer calls of nature. The deceased, who was grazing the cattle at that place, took away the money bag from his bicycle and went to the land of Chundru Mani. The accused shouted to return the money bag, but the deceased teased him by running in that place without returning the bag. The accused grew wild, picked up the bamboo stick and beat the deceased on his head causing fatal injuries, due to that the deceased re'mained unconscious. On seeing that, P. W.3 escaped from the sceneof offence due to fear. After the arrival of P.Ws.1 and 2, the deceased was taken to the Government Hospital at Rajanagaram. The deceased while undergoing the treatment succumbed to the injuries at 3-30 p.m. on the same day. While undergoing the treatment, on the basis of Ex.P-1-statement of P.W.1, a crime was registered under Section 307 I PC and after the death of the deceased, the section of law was altered to one under Section 302 I PC. The Inspector of Police took up the investigation, arrested the accused and recovered the weapon. He observed the scene of offence and seen the dead body of the deceased and the body was sent to Postmortem Examination and the Doctor opined that the deceased appears to have died due to multiple injuries caused on the head and damage to the brain. After conclusion of the investigation, the police laid the charge sheet.

(3.) The accused pleaded not guilty of the offence and the prosecution in order to prove the guilt of the accused, examined P.Ws.1 to 10 and marked Exs.P-1 to P-21 and also M.Os. 1 to 6. No oral or documentary evidence was adduced on defence side. The lower Court afterconsidering the evidence adduced by the prosecution held that the prosecution proved the guilt of the accused beyond reasonable doubt and convicted the accused/ appellant for the offence under Section 302 IPC and sentenced to undergo imprisonment for life and also to pay a fine of Rs.1,000/-, in default to undergo Simple Imprisonment for one year. Being aggrieved by the judgment of the lower Court dated 27-6-2005, the accused preferred the present appeal challenging its validity and legality.