OTUKURE GANESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Appellant herein is the sole accused in S.C.No.46 of 1996 on the file of the Additional Sessions Court of Adilabad. He was convicted for committing the offences under Sections 302 and 307 of IPC and sentenced to undergo life imprisonment for the offence under Section 302 of IPC, besides a fine of Rs.500.00, in default to undergo rigorous imprisonment for six months. He was further sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.300.00 in default, to undergo rigorous imprisonment for three months for the offence under Section 307 of IPC and both the sentences were directed to run concurrently.

(2.) The appellant-accused was charged that on 19-2-1995 around 5.30 p.m. in Gandhari Khilla forest near Ramakrishnapur during Mysamma Jathara, committed murder intentionally causing the death of Bheemi @ Bheemakka, aged 45 years, resident of Pulimadugu by means of attacking her with axe by inflicting injuries on her neck and body, thereby committed the offence punishable under Section 302 of IPC, and that on the said date, time and place mentioned in charge one, he attacked PW2 Mukinepalli Tirupati, S/o Venkati, aged 25 years, resident of Pulimadugu, wilh axe, with the intention and knowledge to cause death of said Tirupati, on account of which said Tirupati sustained bleeding injury and thereby committed the offence punishable under Section 307 of IPC.

(3.) The case of the prosecution in a nut-shell is that on 19-2-1995, around 5,30 p.m. at Gandhari Khilla, hamlet of Bokkalagutta whereby Mysamma Jathara was going on, the deceased Bheemi @ Bheemakka was preparing food. All of a sudden, the accused armed with an axe hacked the deceased on her neck as a result of which she fell down and the accused continuously hacked her, on account of which she succumbed to her injuries. When PW2 tried to apprehend the accused, the accused hacked him also and caused injury. PW1 followed the accused to some distance and with boulder he hit on the hand of the accused, as a result of which the axe in the hands of the accused fell on the ground and at that time PW1 apprehended the accused and handed over him to Assistant Sub-Inspector of Ramakrishnapur (PW6) who was camping there for bandobust duty. PW6 took the accused and PW1 to the police station' Ramakrishnapur and produced the accused before the Sub-Inspector of Police (PW9). On the basis of the statement given by PW1, a case in crime No.29 of 1995 was registered under Sections 302 and 307 IPC and was investigated into. PW9 held inquest over the dead body of the deceased in the presence of panch witnesses and the dead body was sent for post-mortem examination by PW7. The statements of PWs.l to 4 were recorded during investigation. The accused was arrested on 19-2-1995 and was remanded to judicial custody. Hence, the charge-sheet.