PROAPU GOPAL Vs. STATE OF AP

JUDGEMENT

(1.) THIS appeal is directed against the judgment of he learned II Additional Sessions Judge (Fast Track Court) at Parvathipuram in S. C. No. 120 of 2003, dated 22-1 -2005, whereunder the learned Judge convicted the appellant-accused under Section 302 of IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of rs. 1,000/-, in default, to undergo simple imprisonmentforone month.

(2.) THE brief facts of the prosecution story is that the accused and the deceased Mariya dasu and Adinarayana are brothers. P. W. 8 is the wife the said Audinarayana and subsequent to the death of her husband, accused developed illegal intimacy with her. Then the deceased mariya Das warned the accused. The accused bore grudge against the deceased. While so, on the intervening night of 18/19-5-2003, the accused alleged to have stabbed the deceased with a knife in the stomach. On hearing the cries of the deceased, P. W. 1 rushed to the scene of offence and thereafter went to the mandal Presidentand telephoned to the police. Subsequently, the police came to the house of p. W. 8 and they sent the deceased to government Hospital, Parvathipuram, where he was referred to K. G. Hospital, vlsakhapatnam. P. W. 16, the investigating officer thereafter recorded the statement of the deceased and on the basis of the said statement, he registered a case in Crime no. 33 of 2003 under Section 307 and 324 of ipc. However, the deceased subsequently died while undergoing treatment. However, on receipt of death intimation, the police altered the Section of Lawinto 302 of IPCand filed the fir. On completion of investigaticr;, charge sheet was filed into the Court.

(3.) IN orderto prove its case, the prosecution examined P. Ws. 1 to 17 and got marked exs. P-1 to P-21, besides the case properties under M. Os. 1 to 5. On behalf of the defence, nooral or documentary evidence was adduced. The learned Sessions Judge basing on the evidence of P. W. 13 coupled with Ex. P-14, found the accused guilty of the offence under section 302 of IPC and accordingly convicted and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default to undergo simple imprisonment for one month. Aggrieved, the appellant accused filed the presentappeal.