GOLLE JACOB Vs. STATE OF A P

JUDGEMENT

(1.) On 3rd of March, 2002 at 9.30 p.m., PW-1 gave a statement to PW-9 the Station House Officer, Razole Police Station, which was registered as F.I.R. in Crime No. 22 of 2002 for the offence under Section 302 read with 34 of I. P. C. In this statement, PW-1 stated that when he was returning home from a provision shop at 7 p.m. on 3-3-2002, on the tar road at Gudimoola Centre, he saw Golla Yacobu (A-1) abusing his Junior paternal uncle Oguri Bhushanam (deceased). He was referring to him as bastard and asked, why you are abusing me for taking the toddy from your trees - you die After abusing. A-1 hacked Bhushanam with an axe on the rear side of his head. Nalli Devadasu (A-2) beat him with an iron rod on his forehead with force, Dondapati Vijayakumar (A-3) beat him on his head with an Iron rod and Gavidi Babujee (A-4) beat him on his head. There was blood from the head of deceased and he fell on the road. His junior paternal uncle's eldest son Oguri Srinivas (PW-3) and others witnessed the Incident. He went to his junior paternal uncle's house and informed his aunt about the incident. He. his aunt and Srinivas brought his junior uncle in an auto to Razole Government Hospital at 8. 30 p.m. A lady doctor examined Bhushanam and declared him dead.

(2.) After the case was registered, it was investigated and a charge-sheet was filed against the accused persons. Charges were framed in accordance with the allegations in the F. I. R. and the accused were informed that they are being tried under Section 302 read with 34 of I. P. C., as according to the prosecution, in furtherance of their common intention, they had committed the murder of the deceased. They pleaded not guilty and claimed to be tried. Prosecution examined 12 witnesses and exhibited 35 documents. The trial Court convicted all the accused under Section 302 read with 34 of I. P. C. and sentenced them to suffer imprisonment for life and also to pay a fine of Rs. 200/- each, and in default of payment of fine, they should suffer rigorous imprisonment for two months each.

(3.) PW-1 is the Nephew of the deceased. He was categoric in his statement that he saw A-1 hacking Oguri Bhushanam with an axe. A-l attacked the deceased on the back of the head. A-1 also blamed that deceased had committed theft of toddy. A-2 beat the deceased with an iron rod on the forehead, A-3 and A-4 also beat the deceased with iron rods on the head. The deceased fell down. It was witnessed by him and his brother Oguri Srinivas (PW-3), Jawadi Satyanarayana (PW-4), Medida Mohan Rao (not examined) and Valluri Ananda Raju (not examined). Then he went to the house of his junior paternalaunt Oguri Bharathi and brought her to the scene of offence. The deceased was in the pool of blood. He and his brother Srinivas brought an Auto and took the deceased to the Razole Government Hospital. Doctor examined and declared him dead. Thereafter, Police came to the hospital and recorded his statement. On the next day morning Circle Inspector came to the house of deceased and conducted Inquest. Ex. P-1 was the statement recorded from him by the Police. A-1 to A-4 were having enmity against the deceased, as they had committed theft of toddy from the trees. As such, the deceased admonished them and then they murdered the deceased. He could identify the weapons used by the accused If shown to him. He identified M. O. 1 axe and M. Os. 2 and 3 iron rods, which were used by the accused on the date of incident,