BHUKYA BALU Vs. STATE OF A P

JUDGEMENT

(1.) This Appeal is preferred by the sole accused in S.C.No.742 of 2004 on the file of the VI Additional Sessions Judge at Mahabubabad in Warangal District. He was charged for the offence under Section 302 of I.P.C. for allegedly causing the death of the deceased Bhukya Earya at his house at about 9-00 PM on 13-02- 2003. The accused denied the charge and claimed for trial.

(2.) The case of the prosecution leading to the conviction of the accused is briefly as follows:- The accused and the deceased are residents of Nazi Thanda. PW-1 is the wife and PW-2 is the mother of the deceased. On 13-12-2003 at about 9-00 PM, the younger brother of the deceased, who is the accused herein, came to the house in a drunken state, picked up a quarrel with the deceased saying that he was not seeing his wife and children well and took a knife from his nab and stabbed on the right side of the stomach of the deceased, due to which the deceased fell down on the ground, struggled with life and removed the knife. Immediately, PW-1 and others shifted the deceased to the hospital for treatment. On the way, when they reached near Mangalavaripet, the deceased died. PW-1 presented Ex.P-1 complaint to the police and it was registered as a crime. The police took up investigation, held inquest over the dead body of the deceased, observed the scene of offence, sent the dead body for postmortem examination, examined the witnesses, arrested the accused, recovered the weapons and after conclusion of the investigation, laid the charge sheet.

(3.) The prosecution, in order to prove the guilt of the accused, examined PWs.1 to 12 and marked Exs.P-1 to P-13 and M.Os.1 to 6. No oral or documentary evidence was adduced on defence side. The lower Court, after considering the oral and documentary evidence, came to a conclusion that the prosecution proved the guilt of the accused beyond reasonable doubt and accordingly, convicted him for the offence under Section 302 of I.P.C. and sentenced to undergo imprisonment for life and also to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for six months. The accused, being aggrieved by the Judgment of the trial Court, dated 06-05-2005, preferred the present Appeal challenging its validity and legality.