SEREDDY LATCHI REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellants are the accused in S.C. No. 126 of 1998 on the file of II Additional Sessions Judge, Nalgonda. Through the judgment dated 22-10-1999, the appellants were convicted of the offence under Section 304 Part-l read with 34 I.P.C. and sentenced to undergo Rigorous Imprisonment for a period of five years each any pay a fine of Rs.1,000/- each, in default, to suffer Simple Imprisonment for a period of three months.

(2.) The story of the prosecution in brief is that P.W.2, Reddimalla Kanthamma is the wife of the deceased Devasahayam alias Devaswamy of Thimmareddigudem. Devaswamy was a lunatic. He was taking treatment, however he was creating nuisance in the village by beating the villagers. While so, on 31-8-1997, at about 2.00 p.m., he beat A1 with a stick while he was going along with A-2. P.W.6, R. Nallaiah witnessed the same. The accused reported the matter to Mungala Police. P.W.11, the Sub-Inspector of Police, brought the deceased on 2-09-1997, kept in the police station till evening and let him off.

(3.) Humiliated by the said act, A-1 armed with an axe and A-2 with a stick came to the house of Devaswmay at about 10.00 p.m. He was sleeping on the cot in front of his house in the Varandah while his wife P.W.2 was sleeping inside the room. A-1 and A-2 beat the deceased on various parts of the body indiscriminately and in spite of request of P.W.2, they did not stop. In the meantime, P.W. 3, A. Brahmachary P.W. 4, M.Rosaiah, having heard the hue and cry, came to the house and dissuaded A-1 and A-2 not to beat and sent them away. Though they tried to take the deceased to Munagala in a Tractor that night, they could not get any vehicle. Again, on the next day morning at about 6.30 or 7.00 a.m., A-1 and A-2 came to the house of the deceased and twisted his legs due to which he breathed his last. When this fact was informed, P.W.5, R.Venkanna, brother of the deceased, came to the house of the deceased and found A-1 and A-2 twisting the legs of the deceased. P.Ws.4 and 5 tried to catch hold of them, but they ran away. On seeing that his brother breathed his last, P.W.5 went to P.W-1, the Village Administrative Officer and narrated the incident. P.W.1, in turn prepared a report Ex.P-1, and sent it to P.W11, the SubInspector of Police, who registered it as a case in Cr.No. 117 of 1997 under Section 302 I.P.C. in F.I.R. Ex.P-12. P.W.11 sent the original F.I.R. to the Court, examined P.W.1 and recorded his statement. He proceeded to Thimmareddigudem to the house of the deceased, secured the presence of P.Ws.2 to 6, recorded their statements, also secured the presence of P.W.7, Butchireddy and another, conducted scene of offence panchanama, Ex.P-2, and drew a sketch, Ex.P-3 incorporating the features found at the scene. He seized the bloodstained earth and controlled earth M.Os.1 and 2 besides bloodstained shirt and lungi. He requisitioned the services of P.W.8, the photographer, got the photographs of the body of the deceased taken in various angles as evidenced by photos with the corresponding negatives, Ex.P-6. He also held inquest over the body of the deceased in the presence of P.W.7 and others and the inquestdars, having found injuries on the body of the deceased, opined that the death was homicide as evidenced under inquest panchanama Ex.P-4.