PALAPATLA SRINIVASA REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Appeal is filed against judgment, dated 07.4.2010, in Sessions Case No. 128 of 2008 on the file of the learned VII Additional District and Sessions Judge, (Fast Track Court), Vijayawada, whereby the appellant was found guilty for the offence under Section -302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 500/ -, in default, to suffer simple imprisonment for one month.

(2.) The case of the prosecution in brief is that the deceased had got illicit intimacy with the wife of the appellant -accused; that bearing grudge against the deceased, the appellant decided to put an end to the formers life and for this purpose, he made friendship with the deceased and waited for an opportunity; that on 06.4.2007, the appellant approached P.W -1, took money from him and went to Vinukonda, where he purchased three quarter bottles of liquor; that two bottles of liquor was consumed by the deceased and the appellant there itself; that the third bottle was kept with the appellant; that both of them returned to Vinukonda Railway Station at about 9.15 pm; that on reaching the railway station, the appellant and the deceased went to railway yard to bring dried fuel; and that both of them went to an open place and consumed the remaining liquor. Later, the appellant picked up quarrel with the deceased by exposing his suspicion and picked up two stones and beat him on his head, face and chest. He also picked up sharp edged stick and pierced it on the left side of the thigh of the deceased and in the said scuffle, the appellant also received injuries on his head and other parts of the body at the hands of the deceased. Then, the deceased died on the spot due to severe injuries.

(3.) On receiving the information on phone about the quarrel near the Railway Station, Vinukonda, P.W -9 -Sub -Inspector of Police, General Reserve Police, Vijayawada proceeded to Vinukonda Railway Station, where he found a person lying dead on wooden stock and some other person lying with injuries. He has sent the injured to the hospital.