BATHULA ATCHIREDDY Vs. STATE

JUDGEMENT

(1.) This is an appeal by the sole accused in Sessions Case No. 10 of 1964 in the Court of Session, Guntur, against his conviction under section 302, Indian Penal Code, and sentence of imprisonment for life for the murder of one Thengada Ramalingaiah, the Karnam of Madinapadu on 23rd November, 1963, at about 8 A.M. in a field about two furlongs from the village. The deceased Karnam Was also the Branch Postmaster of Madinapadu.

(2.) The facts are as follows : The accused is the son of one Ramakrishna Reddy, who was the Village Munsif of the hamlets of Madinapadu, viz., Sarangapalli and Kothur. There were ill-feelings between the accused and the deceased. The accused was living a wayward life. He separated from his father, spent away his property, divorced his wife and kept a Muslim married woman at Kothur. The accused used to complain to the Tahsildar against the Village Karnam that he was not furnishing the accounts of the land revenue, " Bakila Jabita ". The accused's father also complained about the same. Besides these differences the deceased had made a complaint against a cousin of the accused, also bearing the same name, son of one Adinarayana Reddy for assaulting him at the time of revenue collections. The Dachepalli Police registered a case under section 353, Indian Penal Code, and filed a charge-sheet on 20th September, 1963, after arresting the said Atchi Reddy. That case was pending trial at the time of occurrence. It was adjourned several times, and stood posted to 26th November, 1963, before the Special Second Class Magistrate, Piduguralla. The accused tried to persuade the deceased Karnam to withdraw the case ; but he did not do so. About six days prior to the occurrence, the accused went to the deceased's house to prevail on him to withdraw the case. He repeatedly went to his house three times and on the third occasion he threatened the Karnam that he would see how the case would go on without being withdrawn. This took place at the deceased's house prior to his leaving home for Mutyalampadu. The deceased Karnam's brother, P.W. 12, was the Karnam of Mutyalampadu about 5 miles from Madinapadu. The Karnam visited P. W.12' s house on the day prior to his death. It was a Friday.

(3.) On that day the accused met the Karnam and made a pretence of requesting him to measure his land. After some time, he left. On the following day, early in the morning he turned up at P.W. 12's house and asked the ' Mohtad ' where Karnam Ramalingaiah was. The Mohtad, P.W. 13, told him that Ramalingaiah and his brother had just then left. Ramalingaiah was on his way to Madinapadu. The accused then left.