KANDULA HANUMANTHA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) A.GOPAL REDDY, J. The sole-accused in S.C.No.5/2003 on the file of VI Additional District and Sessions Judge (Fast Tract Court), Ongole preferred this appeal against the judgment of the said court dt.26-7-2005 convicting him for the offences under Sections 302, 324 and 506 IPC and sentencing him to imprisonment for life and to pay a fine of Rs.200/- in default to suffer rigorous imprisonment for one month for the offence under Sec. 302 IPC; and simple imprisonment of six months, each, for the offences under Secs.324 and 506 IPC respectively.

(2.) The substance of the charge against the accused is that on 10- 9-2002 at about 3-30 PM near Ramalayam in Rajupalem village, he caused the death of one Kasula Koteswara Rao (herein after referred to as "the deceased") by stabbing him with knife. During the course of same transaction, he caused hurt to P.Ws.2 and 3 and further threatened P.Ws.1, 4 to 7 with dire consequences.

(3.) The prosecution case in nut-shell is that the accused, the deceased and the material witnesses are the resident of Rajupalem village. P.Ws.1 and 4 are nephews, P.W.5 is the brother, P.W.6 is the wife and P.W.7 is the sister-in- law of the deceased. The deceased and P.Ws.1's family owned a joint shopping complex at Thripuranthakam. One room was given on lease to P.W.8, who was running a cycle shop there. On 9-9-2002, P.W.1 and the deceased went to that shop and saw the accused and P.W.8 altercating with regard to delivery of a cycle. When the deceased intervened and advised the accused to send Kamisetty Satyanarayana, L.W.12 (not examined) and take the cycle through him saying that he (L.W.12) gave cycle for repair. On that the accused grew wild and warned the deceased. On 10-9-2002 at about 3 PM while P.Ws.1, 4 and 5 were chit-chatting, they saw the accused abusing the deceased standing in front of his house. When the deceased came out of his house, the accused caught hold of the hand of the deceased and pulled him towards Ramalayam temple, which is at a distance of 25 to 30 feet. Then he took out a knife from his navel portion and stabbed him on his right flank. Then the deceased raised shrill cry and fell down. When P.Ws.1, 4 and 5 tried to intervene, they were threatened. In the meanwhile, P.Ws.2 and 3 reached there. When P.W.2 tried to take out the knife from the hands of the accused, he received a bleeding injury on his right palm. When P.W.3 tried to catch hold of the accused, he pushed him, as a result of which, he sustained a head injury. When P.Ws.6 and 7 came out of their house, the accused fled away from the scene by threatening them to stab, if they come to him. While the deceased was being shifted to the hospital, he succumbed to the injuries on the way. Then, P.W.1 lodged a report covered under Ex.P-1 with the police. P.W.17, the then Sub-Inspector of Police, Thripuranthakam police Station registered the same as a case in Cr.No.51/2002 and issued FIR covered under Ex.P-18. Subsequent investigation was taken over by P.W.19, the then Circle Inspector of Police, Yerragondapalem. He visited the scene of offence and prepared an observation report and held inquest over the dead body. After conducting inquest, he sent the dead body for post-mortem examination. On 11-9- 2002 P.W.14, the Medical Officer, held autopsy over the dead body of the deceased and issued post-mortem certificate covered under Ex.P-9 opining that the deceased died due to shock and hemorrhage. On the same day, P.W.15, another Medical Officer, examined P.Ws.2 and 3 and issued wound certificates covered under Exs.P-10 and 11 respectively. P.W.19 arrested the accused on 24-9-2002 and at his instance; one knife covered under M.O.1 was recovered under a cover of panchanama, Ex.P-22. He sent all the material objects to Forensic Science Laboratory. On receipt of relevant reports and on completion of investigation, P.W.19 laid the charge sheet for the offences punishable under Secs.323, 324, 506 and 302 IPC.