SHAIK MAHABOOB Vs. STATE OF A P

JUDGEMENT

(1.) A-1 in Sessions Case No. 235 of 1995 on the file of the I Addl. Sessions Judge, Kurnool, is the appellant before us who has been found guilty of committing murder of the deceased Shaik Shali Basha on 14-10-1994 at 6-30 p.m. and was convicted U/s. 302 I.P.C. and sentenced to imprisonment for life and also sentenced to pay fine of Rs.100/-.

(2.) Originally there were three accused who were charged that on 14-10-1994 around 6-30 p.m. A-1 stabbed the deceased Shaik Shali Basha with a knife and caused bleeding injuries and A-2 and A-3 were with A-1 at the time of the incident and thus all the three accused were charged for committing an offence U/s. 302 I.P.C. On the basis of the evidence let in by the prosecution, the trail Court found only Al guilty of committing the offence U/s. 302 IPC whereas A-2 and A-3 who were charged of committing the offence U/s. 302 r/w. 341.P.C. were found not guilty and were acquitted.

(3.) The case of the prosecution in a nutshell is as under. On 14-10-1994 while the deceased Shaik Shali Basha along with P.Ws.1 and 2 were standing at the hotel of P. W.7 after visiting Jammichettu, A-1 to A-3 went there and A-1 stabbed the deceased on the left side of the chest and right side of abdomen with a knife and caused injuries. A-2 and A-3 who were with A-1 then ran away along with A-1. P.Ws.l and 2 shifted the deceased to the Government Hospital, Kurnool. The Sub-Inspector of Police, (P.W.13) who was on Bandobustu duty knowing about the incident proceeded to the Hospital and recorded the Statement of the injured in Ex.P-17. The said statement Ex.P-17 was recorded at 8-05 p.m. and a case in Cr.No.138/94 U/s. 324 r/w 341.P.C. was registered and issued F.I.R. Ex.P-18. P.W.13 again visited the Hospital and recorded the statement of the deceased U/s. 161 Cr.P.C. which is Ex.P-19. He seized M.Os. 1 and 2 from the possession of the deceased under a cover of panchnama Ex.P-7 in the presence of P.W.8 and another P.W.13 also recorded the statements of P.Ws.l and 2.