KATTA MONDAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Boddu Pedda Narsaiah was found dead at about 7.00 AM on 08.04.2010 at the bathing ghat on the road going towards Kammarpally on the outskirts of Hasakothur Village in Nizamabad District. He died due to hemorrhage and shock as a result of injuries caused by smashing his head with boulders. Katta Mondaiah was charged with his murder, punishable under Section 302 IPC, in Sessions Case No.309 of 2010 on the file of the learned II Additional District and Sessions Judge (Fast Track Court), Nizamabad.

(2.) Katta Mondaiah pleaded innocence and claimed to be tried. During the trial, the prosecution examined twelve witnesses and marked nine exhibits in evidence. No evidence was let in by the defence. Case properties were shown as M.Os.1 to 8. Upon consideration of the evidence, oral and documentary, the Sessions Court convicted the sole accused of the charge, vide judgment dated 28.02.2011, and sentenced him to imprisonment for life in addition to paying a fine of Rs.500/-, in default of which he was to suffer simple imprisonment for one month. Aggrieved thereby, the sole accused is in appeal before this Court under Section 374(2) CrPC.

(3.) Boddu Pedda Narsaiah, the deceased, was one among five brothers and a sister. However, he was a vagabond who used to eke out his livelihood by begging in the village. He used to sleep in under- construction houses in the village and also had a drinking habit. P.Ws.1 and 2, the brothers of the deceased, confirmed these facts.