ADE BHASKARA RAO Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order of the Metropolitan Sessions Judge, Vijayawada, convicting the appellant under Section 302 IPC for murdering his foster father and sentencing him to imprisonment for life.

(2.) Briefly stated, the case of the prosecution is that the deceased, who was a rickshaw puller by profession, had brought up the appellant from his childhood and about two years prior to the incident, the appellant liad started staying in the adjoining hut after getting married. PW1 and PW8 are the elder brothers of the deceased. All these persons resided in the same locality, that is, near Eluru canal situated opposite to the Government Hospital Vijayawada, but in different huts. The deceased used to ask the appellant for money for his maintenance and on such occasions, there used to be wordy quarrel between them. On 17-8-1994, on the Government Hospital road Vijayawada, at about 8 a.m., the deceased and the appellant quarrelled with each other over maintenance money and had grappled each other. In this scuffle, the shirt of the appellant was torn. The appellant went to his hut, which was situated at a distance of about a furlong away from that place, brought a knife and gave blows with it on the chest of the deceased causing bleeding injuries and fled away. The deceased also ran a distance of few yards and fell on the ground near the houses of PW4 to PW7 who were standing near their houses. They went near the deceased who informed them that his son had stabbed him and then became speechless. PW2 who is also a rickshaw puller, white taking a passenger in his rickshaw, had reached near the place of incident and after seeing the incident had gone to the hut of PW1 and narrated the story to him and brought him to the place where the deceased had fallen down. PW1 found his brother dead and reported the matter vide F.I.R., Ex.Pl, to flic police. The Investigating Officer, PW16 went to the scene of offence, examined the witnesses and 'seized blood stained earth and other articles. He-got the dead body photographed and sent it for postmortem examination. The Doctor. PWI1, conducted autopsy of the deceased and found four wedge shaped stab injuries, three on the left side and one on the right side of the chest as also one abrasion on the neck ofthe deceased and opined that the third wedge shaped stab injury on the left side of the chest entering into the ventricle was fatal. On 20-8-1994, the Investigating Officer, PW16, at about 5.15 a.m. obtained a disclosure statement from the appellant and recovered a knife, M 0.6 in pursuance thereof and seized it. After usual investigation, the Investigating Officer charge-sheeted the appellant under Section 302 IPC.

(3.) The trial Court framed charge under Section 302 IPC. The appellant abjured the guilt and claimed to be tried.