THIRAKALA SREEKANTH Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in Sessions Case No.227 of 1997, is the appellant. He was tried by the IV Additional Sessions Judge, Nellore for the offences punishable under Sections 364 and 302 of I.P.C. The learned Sessions Judge found the accused/appellant guilty for both the offences and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.100/-, in default, to undergo simple imprisonment for 15 days for the offence under Section 364 of I.P.C. He was sentenced to undergo imprisonment for life and also fined Rs.100/-, and in default of payment of fine, he has to suffer simple imprisonment for 15 days for the offence under Section 302 of I.P.C. The allegations against the accused, on which the charges were framed, were that on 30th of September 1996 he kidnapped a boy Chejerla Chaithanya from Little Angels Public School, Chillakur and then caused his death by stabbing him.

(2.) After the charges were framed, the accused pleaded not guilty and claimed to be tried. Prosecution examined 23 witnesses and exhibited 54 documents. The defence examined one witness and exhibited one document.

(3.) The prosecution story was that the deceased Ch. Chaithanya, a boy of 7 years, was a student of Little Angels Public School, Chillakur. He used to go to school every day by school bus. On 30th of September 1996 at about 11 a.m., the accused is said to have reached the school where the deceased was studying and made a false representation with the Correspondent of the school that the father of the boy was unwell, and therefore, he got the custody of the child from the school and took him in a car and then proceeded to a lodge and killed the boy in the room between 11.30 a.m.. and 12.30 p.m. and left the lodge. PW-1 is the father of the deceased boy. He stated that he was carrying on cloth business. He knew Lakshmipathi, Ravi, Narendra Reddy, who are residents of the village. His son was studying in 3rd standard in Little Angels Public School, Chillakur and the deceased used to go to school in school bus arranged by the school authorities every day at 8 a.m. along with other students. On 30th of September 1996. as usual, his son Chaithanya went to school in the school bus. At that time examinations were being conducted by the school. The deceased was his only son and he has another child who is a daughter. The daughter was younger to his son. His son did not come back on 30th of September 1996 in the bus in which he had gone to school. However, the bus driver Subrahmanyam informed the witness mat somebody came in a car and took his son from the school by representing that the witness was not keeping good health. He informed the same to his friends Lakshmipathi, Ravi and Narendra Reddy. They started to search for his. son. They went to school. While going to school, they had to pass Gudur. At Gudur also, they enquired about his son. They were informed that his son had been taken to Surya Lodge, Gudur in a car. He got information that his son had been taken in a car bearing Registration No.AAN-223. He, along with others, rushed to Surya Lodge. They enquired from the Manager of the lodge whether any boy was brought to the lodge. The Manager of the lodge informed them that one hoy was brought to his lodge and they had occupied room No. 103. He, along with his friends, rushed to the room. They found room No. 103 locked from outside. They informed the Manager accordingly. The Manager opened the lock with a duplicate key and they saw that the boy was dead lying in a pool of blood with injuries. The child was wearing school uniform even at that time. He asked his friends to remain in the lodge and he himself went to the Police Station and lodged a report. Ex.P-1 was the report given by him to Police. After giving of report, he went to the lodge and Police arrived to the SJodge. The Police noticed dead body of his son. Police also noticed a shirt was hanging in Room No. 103 of the lodge and a suitcase was also there. Police opened the suitcase and took out two certificates affixed with photos. These photographs were shown to the witness. On seeing the photographs, he told the Police that he could identify the person shown in the photos. The photos were of one Srikanth S/o.Hanumantha Rao who was running a medical shop in the village. The same Srikanth was the accused who was in the Court. M.O.I was the shirt which was hanging in room No.103 seized by the Police, M.O.2 was the suitcase which was found inside room No.103, M.O.3 was the school bag of his child, M.0.4 were two socks, M.O.5 was the black boots of his child, M.Os.6, 7, 8 and 9 were different articles like books, rubbers, geometry box and the like, belonging to his son. Ex.P-2 was the hall-ticket issued by the Board of Intermediate Education, Hyderabad, certifying the identity of the accused. Ex.P-3 was the Certificate of Registration of A.P.General Sales Tax, Gudur, certifying accused was running 'Sri Lakshmi Vigneswara Medical Fancy Stores, Chennur' with photo.