KANNEBOINA GOPALA KRISHNA Vs. STATE OF A.P.

JUDGEMENT

(1.) THE present Criminal Revision Case is filed under Sections 397 and 401 Crimial P.C. challenging the order dated 27.08.2015 passed in Crl.M.P.No. 163 of 2015 in S.C.No.596 of 2014 on the file of the XI Additional District and Sessions Judge, Tenali, wherein an application filed by the prosecution under Sec. 319 Crimial P.C. adding the petitioner as accused No.3 was allowed.

(2.) THE facts in issue arc as under:

(3.) THE averments in the charge sheet show that there was illicit intimacy between the deceased and accused No.2 and observing the same, accused No. 1 warned the deceased not to come to their house in future. It is alleged that the deceased paid deaf ear to the warnings of the accused and continued to have his sexual lust with accused No.2. It is alleged that on 06.10.2013 at about 8.00 a.m. LW.4 and the deceased went to Guntur on the motor cycle of the deceased to settle a dispute pertaining to the cousin's son of the deceased. After completing the panchayat before the elders they returned to Chinapalem where LW.4 dropped the deceased at his house. At that time the deceased expressed his ambition to meet accused No.2; who is residing in the same village. LW.4 chastised the deceased not to go to the house of accused No.2 in future as her children are majors now and that they developed a grudge against him, but the deceased paid a deaf car to his warnings. On the intervening night of 06/07.10.2013 at about 1.30 a.m. LW.4 met LW.5, woke him up in order to provide water to their agriculture fields. While they were going on the road and when they reached Panchayat Office, they noticed accused No.1 chasing the deceased in the company of his mother (accused No.2) and also witnessed accused No. 1 hacking the deceased with a coconut cutter on his head indiscriminately at the instigation of accused No.2. It is alleged that the accused, who were armed with a sharp edged coconut cutter threatened them with dire consequences. Due to fear they ran away from the scene. On the afternoon of 07.10.2013 when the mob gathered near the dead body they rushed to the spot and found the deceased lying in a pool of blood. In view of the statements of the witnesses, charge sheet came to be filed only against accused Nos. 1 and 2. The said case was committed to the Court of Sessions and numbered as S.C. No. 596 of 2014 on the file of the XI Additional District and Sessions Judge, Tenali.