YARAGADA GOVIND Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal, under Section 374 of the Code of Criminal Procedure, 1973, is filed by the appellant/accused, challenging the judgment, dated 09.04.2012, passed in S.C.No.4 of 2012 by the Special Judge for Trial of Cases under The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989- cum-Additional District & Sessions Judge, Vizianagaram, whereby, the Court below convicted the accused of the offence punishable under Section 302 I.P.C. and sentenced him to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 1000/- and to undergo Rigorous Imprisonment for six months, in default.

(2.) Heard the submissions of Smt. Hema Jaiswal, learned Legal Aid Counsel appearing on behalf of the appellant/accused, learned Additional Public Prosecutor representing the respondent-State and perused the record.

(3.) The learned Legal Aid Counsel appearing on behalf of the accused would contend that P.Ws.1 to 3 are interested witnesses. There is no consistency in their evidence. The accused did not confess commission of the offence. M.O.1-knife was not recovered pursuant to the confession of the accused. There are omissions and contradictions in the evidence of prosecution witnesses. The Court below erred in finding the accused guilty of the offence punishable under Section 302 of I.P.C. In the alternative, it is contended that the evidence on record did not make out an offence under Section 302 of I.P.C. and at the most, it makes out an offence under Section 304 Part-II of I.P.C. and ultimately prayed to set aside the conviction and sentence recorded against the accused by the Court below.