SRI KALE MARIYANNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is preferred against the judgment dated 08.10.2010 delivered in S.C.No. 395 of 2007 by I Additional District and Sessions Judge, Eluru, West Godavari District whereby the accused was found guilty of the offence punishable under Sec. 302 Penal Code and accordingly convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 500.00, in default of payment of fine, he shall undergo Simple Imprisonment for a period of six months.

(2.) The accused has filed the present appeal on the ground that the learned Additional Sessions Judge erred in convicting him by relying upon the testimony of PWs.2 and 3 treating them as eye-witnesses to the occurrence of the offence. The learned Judge also failed to notice the conduct of PWs.2 and 3 that they did not inform anybody in the village much more to PW1, husband of the deceased - Meramma, till the next day which would throw any amount of suspicion on the truth of their evidence. The place of occurrence and the surroundings were fully covered by thorny bushes and it was improbable that PWs.2 and 3 would have taken their buffaloes to that area for grazing. The trial Court should have noted that PW2 was not generally taking buffaloes for grazing but her son alone was taking them daily and to explain this fact she invented a story that her son had gone for collie work on that day.

(3.) Sri K. Suresh Reddy, learned counsel for the appellant accused, submits that PWs.2 and 3 are relatives to PW1, thus they are interested and planted witnesses. The trial Court failed to see that the testimony of PWs.2 and 3 has not been corroborated by the medical evidence which reveals that all the injuries except one which was a lacerated injury, could not have been caused by a blunt weapon. The learned Judge has not given any importance to the alleged recovery of knife (penaka katti / curved knife) from the leaves of the hut of the appellant which circumstance was created by the investigation officer PW12 with the aid of PW1, a stock witness of the prosecution.