DUMPALA MURLIDHAR REDDY Vs. STATE OF AP

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment dated 02-07-2001 passed in S.C.No.560 of 1999 by the I Additional Sessions Judge, Nalgonda, wherein the learned Additional Sessions Judge while acquitting the accused-appellant of the charge under Sections 302 and 307 of the Indian Penal Code, 1860, convicted him of the offence under Sections 304, Part-I, and 324 of IPC and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.300/- in default to suffer simple imprisonment for one month for the offence under Section 304, Part-l, of IPC and also sentenced to undergo rigorous imprisonment for one year for the offence punishable under Section 324 of IPC, while ordering to run both the sentences concurrently.

(2.) The case of the prosecution, in brief, is that on 13-12-1998 at about 10-30 hours PW-1 and his sons' viz., the accused; one Damodar Reddy (hereinafter called as the deceased) and PW-2 were assembled at their agriculture well with an intention to share paddy as well as other properties. At about 12-00 hours on the same day while they were discussing about the same, the accused stabbed on the chest of the deceased with a knife and also stabbed on the stomach of PW-2 causing bleeding injuries. Immediately, the deceased was shifted to the Government Civil Hospital, Suryapet for treatment, who succumbed to the injuries. PW-2 himself admitted in the hospital for treatment. Based on the report given by PW-1 a case in Crime No.62 of 1998 was registered for the offence punishable under Sections 302 and 307 of IPC. PW-8 conducted autopsy over the dead body of the deceased on 13-12-1998 at about 4.00 P.M. and issued Ex.P3 postmortem report PW8 also examined PW-2 and issued Ex.P4 wound certificate opining that the injuries sustained by him are simple in nature. During the course ot investigation, PW-12 rushed to the Government Civil Hospital, Suryapet examined PWs.1 to 4 and two others and recorded their statements, conducted inquest over the dead body of the deceased in the presence of PW-6 and another, and after completion of investigation laid charge sheet against the accused for the offence punishable under Sections 302 and 307 of IPC.

(3.) On appearance of the accused and on hearing both sides, the learned Sessions Judge framed a charge under Sections 302 and 307 of the IPC against the accused, read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried.