SHANKAR PATEL @ SHANKAR Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in Sessions Case No.109 of 2010 on the file of the learned Additional Sessions Judge-cum-Special Sessions Judge for Trial of SC/STs (POA) Act Cases, Nalgonda, filed this appeal against judgment, dated 19.08.2010, in the said sessions case, convicting him for the offence punishable under Section 302 I.P.C., and sentencing him to suffer rigorous imprisonment for life, besides payment of fine of Rs.1,000/-, in default to suffer simple imprisonment for three months.

(2.) The case of the prosecution, in brief, is that on 30.07.2009 at about 12.45 hrs, the accused intentionally murdered his son Harish (hereinafter referred to as the deceased) by rolling his kerchief around his neck and strangulating him. When the deceased fell down, he sat on him and squeezed his throat with hands and thereby, he committed an offence punishable under Section 302 IPC.

(3.) On the next day, he sent the accused to judicial custody. PW.13 is the Doctor, who conducted autopsy over the dead body of the deceased and found four injuries. He did not mention whether the injuries are ante-mortem or post-mortem in nature. He mentioned the cause of death to be due to strangulation. Ex.P15 is the post mortem report. After receiving the F.S.L. report and the post-mortem report, PW.16 laid the charge sheet.