MANTHURI LAXMI NARSAIAH Vs. STATE OF A P

JUDGEMENT

(1.) CRIMINAL Appeal No. 23 of 2006 is filed by al and A2 in S. C. No. 299 of 2005 on the file of the IV Additional District and Sessions judge, (Fast Track Court), at Siddipet, aggrieved by the judgment dated 30. 12. 2005, rendered by that Court. Either not being aware of the filing of Criminal Appeal No. 23 of 2006, or otherwise, Al filed Criminal appeal No. 83 of 2006 against the same judgment. Both the accused were tried for the offence punishable under Section 302 of IPC alleging that they committed the murder of one Sri Venkat Ram Reddy, on the intervening night of 1/2. 5. 2004, at Pidched village of Siddipet, Medak District. The trial Court found both of them guilty and sentenced them to undergo rigorous imprisonment for life and to pay a fine of rs. 500/- each; in default, to undergo simple imprisonment for one month.

(2.) A complaint dated 2. 5. 2004 was submitted by PW. l, the son of the deceased, to the Sub-Inspector of Police, Gajwel, pw. l5, stating that the deceased Venkatram reddy, was having agricultural lands in sy. No. 678, called as Pochamma Bavi, and that paddy crop was cultivated in it. The crop was said to have been harvested 4 or 5 days earlier to that date, and that the deceased used to sleep in the field to watch the heap of harvested paddy. On the intervening night, Venkatram Reddy is said to have gone to the field on 1. 5. 2004 also, as usual, and on the morning of the next day, at about 6:30, their servant gadda Hanmanthu, PW. 6, informed that venkatram Reddy, was found murdered, by causing injuries with an axe, on his head, and other parts of the body. PW. l is said to have gone to the scene of offence along with other family members and found that his father lying dead. He suspected the involvement of some unknown persons, and requested the police to take necessary action.

(3.) A crime was registered by PW. 15, and during the course of investigation, it emerged that PW. 2 has seen the wife of al, requesting the deceased to go to the field, stating that thrashing of paddy will take place in the morning of next day. PW. 9 is said to have revealed to the police that he has seen Al, his wife, and son coming on a bullock cart at the midnight, on 1. 5. 2004, and when asked about the reason, Al is said to have replied that they are going to the Pochamma Bavi, to thrash the crop and to bring the hay. It is also said that PW. 9 requested Al to supply water with his cart, for the marriage of his daughter, schedule to take place in the morning of next day, and accordingly Al supplied water in the morning. After the water was supplied, news is said to have spread all over the village about the death of the deceased, and Al is also said to have gone to the scene of occurrence along with others. PW. 10 is another witness, who provided some clue to the police. According to this witness, both the accused are said to have come to him after 20 or 25 days, and confessed that they have committed the murder of the deceased. Both of them are said to have requested him to bail them out. At the instance of the accused, the material objects, viz. , axes, used in committing the murder, are said to have been recovered, and PW. 12 is the witness therefor.