VADDI SRINIVAS Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is by the sole accused in S.C.No. 128 of 1994 on the file of the Metropolitan Sessions Judge, Vijayawada who was convicted for an offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life.

(2.) The case of the prosecution is that the accused is the native of Machilipatnam. He is working as a security guard in the Central Industrial Security Force at Rajasthan. P. W. 1, who is the complainant, is his younger sister. She is residing at Sanatnagar, Vijayawada along with her husband, who was examined as P. W.3. They are residing at door No.5/277, New Sanatnagar, Vijayawada. In December, 1992 some dispute took place between the accused and his elder brother at their native village in connection with the distribution of some immovable properties. The accused had grievance against P.W.1 as she supported his elder brother. As such, he was waiting for an opportunity to wreak vengeance against P. W. 1. On 20-9-1993, the accused visited the house of P. W. 1 and stayed with her. On 25-9-1993, P.W.3 who was away on official duty, returned home and on enquiry the accused told h im that he would go back to his duty either on 5th or 6th of October, 1993. Some time during that period, P.W.3 noticed the accused forcibly pressing the chest of the deceased who was the son of P.Ws.l and 3 about which PW.3 questioned the accused but the accused did not say anything. On 27-9-1993, P.W.3 went to his office and P. W. 1 laid the deceased on a cot and was attending to her work in the kitchen. At about 9.30 a.m. she asked her two and half years daughter to hand over 'Kattipeeta' to her tenant in the adjacent portion. While the girl was taking kattipeeta through the room where the deceased was sleeping, the accused snatched the Kattipeeta from her and hacked the deceased, who was aged 14 months. The infant boy died on the spot. The accused left his blood stained lungi and kattipeeta there and ran away. On a report by P.W.1, a case in Crime No. 100 of 1993 was registered and investigation was done by P. W. 10, the Inspector of Police, East Circle, Gannavaram. The accused was arrested and after completion of investigation, the charge-sheet was filed before the VI Metropolitan Magistrate, Vijayawada. As the offence is one to be tried exclusively by the Sessions Court, the learned Magistrate committed the case to the Metropolitan Sessions Judge, Vijayawada. The learned Sessions Judge after going through the records, took cognizance of the case and registered it as S.C.No.128 of 1994 and framed the following charge.

(3.) After hearing both the sides, the learned Sessions Judge came to the conclusion that the accused was responsible for causing the murder of the 14 months boy of P. Ws.1 and 3 and accordingly convicted him for an offence punishable under Section 302 IPC and sentenced him to suffer imprisonment for life. Aggrieved by the same, this appeal is filed.