D KRISHNA Vs. STATE OF A P

JUDGEMENT

(1.) The appellant/sole accused who was tried and convicted for the offence punishable under Section 302 IPC by the Metropolitan Sessions Judge, Visakhapatnam in S.C. No.101 dated 26.7.2004 preferred this appeal questioning the correctness of the same.

(2.) The prosecution story unfolded during the course of trial briefly stated as follows: The appellant-Dadi Krishna, Nunela Nookaraju @ Mukkudu-PW7, Dharami Setty Mahesh-PW.8, Chukka Kaniki Reddy- LW11, Bandi Gopal (hereinafter referred to as "Deceased No.1-D1)" and another Mohammad Abbu @ Ishak (hereinafter referred to as "Deceased No.2-D2) are co-associates and friends, and used to commit theft of old iron and Nammi Uma-PW2 is the concubine of D1 Md. Ismail-PW5 and Md. Susenamma-PW6 are the parents of D2. Two days prior to 18.6.2003, the accused, PW7 and both the deceased have committed theft of a brass ingot which is in the shape of a wheel weighing about 250 Kgs. from the premises of HPCL with the connivance of the security force belongs to CISF working in HPCL, Visakhapatnam and secreted the same in the bushes near Likitha Theatre of Coromandal Gate. Thereafter, D1, D2, PWs.5, 7, 8, and 12 and the accused assembled at Maridimamba Kalyanamandapam of Malkapuram and consumed liquor and sometime later D1, D2 and the accused left the place informing that they would return back after dinner. At about 10 p.m., they returned back and again consumed liquor and then Dl, D2 accused and one Cheeda left that place and proceeded towards dhobighat with beer and liquor bottles. On 18.6.2003 at 6 a.m. PW4 noticed pool of blood on a cement platform near dhobighat of Malkapuram, he then informed the same to PW1. Then PW1 and village elders noticed bloodstains leading to Sudhakonda Hillock, which is at a distance of k.m., from dhobighat and found two dead bodies in the thorny bushes on the hillock. Thereafter, PW1 lodged a report-Ex.P1 to the police. On which basis PW.21 the then Sub-Inspector of Police, Malkapuram Police Station registered the same as case in Cr.No.52 of 2003 under Section 302 IPC and issued FIR-Ex.P.57. Further investigation was taken over by PW.22-Inspector of Police, who visited the scene of offence, conducted panchanama and drew the rough sketch of the scene in the presence of PW.13 marked as Exs.P12 and P.58. He then got the scene of offence photographed through PW.14 Clues Team Photographer and PW.19-Scientific Assistant of Clue Team and Exs.P.13 to P.41 are the photographs pertaining to the scene of offence and Ex.P.11 is the photograph of the foot print formed with dried stains of blood found at the scene of offence. He held inquest over the dead bodies of D1 and D2 in the presence of PW.10 and Exs.P.7 and P.8 are the inquest reports respectively. During the course of inquest he examined and recorded the statements of PWs.1 to 6 and sent the dead bodies for post-mortem examination. On 19.6.2003 PW.16, Professor of Forensic Medicine, Andhra Medical College, Visakhapatnam on request held autopsy over the dead bodies of D1 and D2 and opined that cause of death was due to head injury, fracture of skull and intracranial haemorrhage associated with other multiple injuries. Exs.47 and 48 are the post-mortem reports given by him. PW23, the Circle Inspector of Police, Gajuwaka took over the investigation on 14.7.2003 and on 16.7.2003 he examined and recorded the statements of PWs.7 and 8. On 19.7.2003 at about 4 p.m., PW10 a social worker produced the accused before PW23 along with ExP6- report stating that the accused made extra-judicial confession before him about commission of offence. Thereafter, in pursuance of the statement made by the accused in the presence of PW17 and at his instance MO2, pair of hooks was seized under Ex.50 panchanama. He filed a requisition before the VIII Metropolitan Magistrate, Gajuwaka-PW 18 on 20.7.2003 for obtaining footprints of the accused. After obtaining permission the footprints of the accused were taken in the presence of Magistrate. Later the chance footprints lifted by PW19 at the scene along with the specimen footprints of the accused were sent to FSL, Hyderabad for comparison. After obtaining necessary reports and completion of investigation police laid the charge-sheet for the offence.

(3.) On farming charge the accused pleaded not guilty and claimed for trial.