UTCHULA RAGHAVULU Vs. THE STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in Sessions Case No.129 of 2008 on the file of learned Additional District and Sessions Judge, Machilipatnam, Krishna District, was convicted for the offence punishable under Section 302 I.P.C. and was sentenced to suffer Rigorous Imprisonment for life and also to pay a fine of Rs.1,000/ -, in default, to undergo simple imprisonment for six months, by judgment, dated 25.06.2010. Feeling aggrieved by the same, he has filed the present Criminal Appeal.

(2.) For convenience, the appellant is hereinafter referred to as 'the accused'.

(3.) The prosecution case, in brief, is that the accused is a resident of Indira Nagar Colony, Gudlavalleru, and that he was living with his wife - Bhagyam and two children by doing coolie work. One Menda Kishore Babu (hereinafter referred as 'the deceased') developed illicit intimacy with the wife of the accused since seven months prior to the date of the occurrence. The accused once caught both of them being together at his house, beat them indiscriminately and sent his wife to her parents' house in Thativarru Village. Thereafter, the accused went to the house of the deceased and threatened him with dire consequences. One month prior to the date of the occurrence, the accused brought his wife back for the purpose of taking photographs in connection with obtaining ration card, but she was continuing illegal contact with the deceased. In this background, the accused decided to do away with the life of the deceased and was waiting for an opportunity in that regard. On the morning of 19.07.2006, the accused returned from the coolie work, consumed alcohol and while returning to his house from Gudlavalleru centre, when he reached a place near Battu Rayappa house in Nehru Nagar, Shandy Bazaar Street, he noticed the deceased coming in the opposite direction on a motorcycle. The accused pelted a stone on the deceased, due to which, the latter fell down from his motorcycle. Thereupon, the accused beat him with a big cement brick stone on his head, picked up a knife from his navel and hacked the deceased in the middle of his head, lower side of his lower jaw and on the backside of his both knees and forcibly immersed his head in the mud of the drainage canal up to his neck, as a result of which, the deceased succumbed instantaneously. Later, the accused ran away after washing the knife. Based on Ex.P -1 - report given by P.W.1, P.W.13 - the Sub -Inspector of Police, Gudlavalleru Police Station, registered crime No.62 of 2006 for the offence punishable under Section 302 I.P.C. at 12.00 hours on 19.07.2006 and submitted F.I.Rs. to all the Police Officers concerned. Due to the severity of the crime, P.W.14 - the Inspector of Police, Pamarru Circle, took up the investigation. During the course of investigation, P.W.14 visited the scene of offence, prepared Ex.P -13 - rough sketch and Ex.P -6 - scene of offence observation report. He seized the material objects and recorded the statements of P.W.11 and L.W.21 - Adusumilli Rajendra Prasad. He examined as many as 19 witnesses, recorded their statements, held inquest over the dead body of the deceased, prepared Ex.P -7 - inquest report and sent the dead body for autopsy. P.W.12, Dr.Bhaskara Reddy, Civil Assistant Surgeon, who conducted autopsy over the dead body of the deceased, issued Ex.P -9 - post mortem certificate and opined that the deceased would have died due to the injury to vital organ - brain and hemorrhage of shock. During the course of further investigation, P.W.14 arrested the accused on 20.07.2006 at 10.00 hours at R.T.C. bus stand, Vijayawada stop in Gudivada, recovered M.O.4 and blood stained clothes under the cover of a mahazar in the presence of P.W.11 and L.W.21 and produced the accused before the Court for judicial custody. He forwarded the material objects to the R.F.S.L. Vijayawada, for analysis and received Ex.P -12 - R.F.S.L. report. After completing the investigation, he filed the charge sheet.