MALLARAM SHIVA KRISHNA Vs. STATE THROUGH SHO

JUDGEMENT

(1.) The sole accused in Sessions Case No.569 of 2012 on the file of the Court of the learned Sessions Judge, Mahabubnagar filed this Criminal Appeal feeling aggrieved by judgment, dated 21.12.2012, whereby he was convicted for the offences punishable under Sections-302, 404 and 201 Penal Code and sentenced to suffer imprisonment for life for the offence under Section-302 Penal Code and to suffer rigorous imprisonment for one year each for the offences under Sections-404 and 201 IPC. All the sentences were directed to run concurrently.

(2.) The case of the prosecution, as reflected from the charge sheet filed by the Police, is briefly stated hereunder:

(3.) During the course of investigation, PW-10 examined and recorded the statement of P.W-1 and requisitioned P.W.7-Tahsildar, Keshampet, to issue orders to disinter (exhume) the dead body and to visit the scene of offence for conducing inquest over the dead body of the deceased, who rushed to the scene of offence and conducted inquest panchanama over the body of the deceased in the presence of PW-3 and LW.5-Battu Bazar. On finding the injuries on face and other parts which were caused by blunt object, PW-10 altered the Sec. of law from 174 Crimial P.C. to Sections-302 and 201 I.P.C. and submitted the altered F.I.R to all the officers concerned. Further investigation was taken up by L.W-17-Mohd, Shakir Hussain, Circle Inspector of Police, who secured the presence of the mediators, conducted the scene of offence panchanama, drafted the rough sketch of the scene of offence, seized the M.Os.2, 4, 7 ,8 and 9 under the cover of panchanama duly affixing the signed chits of L.W.9-Lankala Suresh Reddy and PW-6, got the scene of offence and the dead body of the deceased photographed by P.W-4, held inquest over the dead body of the deceased in the presence of L.W.9-Lankala Suresh Reddy and PW-6, seized M.Os.1 and 3; and that as the dead body was highly decomposed, it was not possible to shift the same to mortuary room and hence, he requisitioned P.W-9 to visit the scene of offence for conducting autopsy. Accordingly, PW-9 conducted autopsy over the dead body of the deceased and opined that the cause of death was due to head injury. Thereafter. PW-11 perused the investigation done by PW-10 and LW-17- Mohd, Shakir Hussain, Circle Inspector of Police and examined P.W-8 and recorded his statement.