KATINENI SREENIVASULU Vs. THE STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is preferred against the judgment dated 29.09.2010 delivered in S.C.No. 111 of 2009 by V Additional District and Sessions Judge, Rayachoty, whereby the appellant - accused was found guilty of the offence punishable under Sec. 302 Penal Code, Sec. 25(1B)(a) and Sec. 27(1) of Arms Act, 1959. Accordingly, the appellant was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500.00, in default, to undergo simple imprisonment for a period of six months for the offence punishable under Sec. 302 IPC; convicted and sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs. 500.00, in default, to undergo simple imprisonment for a period of three months for the offence punishable under Sec. 25(1B)(a) of Arms Act, 1959 and further convicted and sentenced to undergo imprisonment for a period of five years and to pay a fine of Rs. 500.00, in default, to undergo simple imprisonment for a period of six months for the offence punishable under Sec. 27(1) of Arms Act, 1959

(2.) In brief, case of the prosecution is that the deceased K. Hari Prasad and the appellant are real brothers being the sons of one K. Kadiraiah @ Kadirappa through his third wife Lakshmamma. There were verbal altercations between Atchamma, who is the first wife of Kadirappa and the third wife of Kadirappa. Due to which, Lakshmamma, the mother of the appellant and the deceased, went to her parents house at Narayanavaripalli, H/o. Gandlapenta Mandal, Anantapur District and was residing there. About five years prior to 104.2008, the deceased married Radhamma, the daughter of one Y.C. Reddamma at Katinenivandlapalli village. Since the marriage, the deceased Hariprasad was insisting on his father to bequeath the property which was acquired by his father through his first wife Atchamma. But the appellant bluntly refused to give share to the deceased since he was in possession and enjoyment of the land. In that connection, panchayat was held by the village elders, wherein the matter was settled to the effect that ?rd share of the property must be given to the deceased, but since two years, both the deceased and the appellant were quarrelling in connection with the share of their properties. Therefore, they were inimical to each other. About six months prior to the commission of the alleged offence, the appellant put bricks kiln in the disputed land to which the deceased and his wife did not raise any objection. While so, on 11.04.2008, the deceased and his wife - Radhamma cut the firewood in the disputed land, thereupon, the appellant bore grudge against the deceased. As per his previous plan, the appellant, with mala fide intention to do away with the life of his brother Hari Prasad, loaded S.B.M.L. gun, concealed it in the nearby bushes, went to his brothers house and picked up quarrel with him on the ground that his brother cut firewood in the disputed land. Verbal altercations followed between them. In order to fulfil his mala fide intention, the appellant made the deceased come to the village elders and took him towards the scene of offence and picked up the loaded S.B.M.L. gun and opened fire on the deceased on his left neck at upper portion of left colour bone, as a result, his brother fell down sustaining pellet injuries and died instantaneously.

(3.) Meanwhile, Krishnaiah, who is the maternal uncle of the wife of the deceased and one of the witnesses to the occurrence, rushed to the house of the complainant to inform about the occurrence, at which time, the wife and the mother-in-law of the deceased came across him on hearing the sound of opening of fire arms, and then, Krishnaiah informed them about the incident. Immediately, all of them rushed towards the spot where the deceased died in a pool of blood with pellet injuries. By that time the appellant left the place with the gun challenging that none would object him now and absconded. On the complaint lodged by PW1, the wife of the deceased, a case in Cr.No. 84 of 2008 for the offences punishable under Sec. 302 Penal Code and Sections 25 and 27 of Arms Act, was registered by the Inspector of Police, Rayachoty Police Station. After completion of investigation, the police filed charge sheet.