LAM PRABHUDAS Vs. STATE OF ANDRA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 17. 2. 2006 in S. C. No. 579 of 2002 on the file of the VII Additional sessions Judge (Fast Track Court), Guntur, wherein the appellants A-l and A-2 were found guilty of the offence under Section 302 ipc and convicted for the same and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 500/- each and were also convicted of the offence under section 201 IPC and sentenced to undergo rigorous imprisonment for three years each and to pay a fine of Rs. 200/- each.

(2.) HEARD the learned Counsel for the appellants/a-1 and A-2 and the learned additional Public Prosecutor for the respondent-State. Perused the records.

(3.) THE case of the prosecution in brief is as follows: the complainant P. W. 3 is the father of the deceased Devarakonda Venkata Rao and Bharathi is the wife of the deceased. A-l and the deceased are residents of saripudi Village while A-2 is residing at sanjeevaiahnagar, Guntur. A-l was having illicit intimacy with one Velangini of Saripudi village. The deceased warned A-l against continuing such illicit intimacy, but A-l did not stop the same. The deceased informed velangini's husband about the illicit intimacy of his wife with A-l whereupon she was taken to her parents village. A-l consumed poison and attempted to commit suicide, but some how survived. A-l conspired with A-2 and hatched a plan to do away with the deceased. In pursuance to their plan, A-l along with the deceased left the village Saripudi on 11. 2. 2002 on the pretext of going to Guntur. PW3 saw the deceased and A-l going out of the house. Thereafter, PW4 V. Srinivas in whose lands the deceased was working saw them and questioned the deceased as to why he has not come for the work and the deceased told him that he is going to his wife's place. A-l and the deceased travelled in the auto of Marri Sreenu PW14 to Medikonduru and boarded the bus and reached Guntur. PW15 Vallabhapuram Anjaiah, an advocate's clerk saw the deceased in the company of A-l and A-2 at the house of a-2 at Sanjeevaiahnagar at 9. 00 p. m. , when he went on the request of A-2 to go for cinema. A-2 informed PW15 that his relations have come and, therefore, he could not come for cinema whereupon PW15 returned. Subsequently, on the morning of 12. 2. 2002, the dead body of the deceased was found lying on the railway track with the head severed from the trunk between nambur KM 2/15-16. PW2 K. Prabhakara rao, Gangman on noticing the dead body gave information to PW1, the Assistant station Master, Krishna Canal Railway station, Tadepalli Mandal who recorded the same and sent copy thereof under Ex. P-1 to the Sub-Inspector, G. R. P Tadepali R. S pw10. The Sub-Inspector PW10 registered the F. I. R, Ex. P-8 in Crime No. 7 of 2002 under Section 174 Cr. P. C. Later, the case was re-registered under Ex. P9 FIR under section 302 IPC and transferred to pedakakani Police Station which was registered as Crime No. 37 of 2002 under ex. P-10. As the deceased did not return home, PW3 gave a report to the Sub-Inspector of Police of Medikonduru under ex. P-2 on 18. 2. 2002 which was registered as a case of man missing under F. I. R. Ex. P-11 in Crime No. 20 of 2002. PW13 the inspector of Police, Railways visited the scene of offence situated between K. M. No. 2/15-16 and conducted inquest over the body of the deceased in the presence of mediators PW6 and Saluri Rambubu LW10. He also seized a leather pouch stained with blood under M05, bloodstained stone m06, control stone MO7 and also Rs. 2/-currency note MO9 and a pair of chappals mo8 from the scene of offence and got the same photographed under Ex. P-3. Ex. P-12 is the rough sketch of the scene of offence prepared by him. Thereafter, the dead body was sent to the Government hospital, Mangalagiri for post-mortem. PW8, the Medical Officer who conducted the postmortem found eight spindle shaped incised wounds all over the body and issued postmortem report Ex. P-7 opining that the death was due to multiple stab injuries on the vital organs like heart, lungs, spleen and left kidney. During the course of investigation, a-l and A-2 were arrested on 6. 3. 2002 at 3 p. m. , near Budampadu Bypass Road junction in the presence of mediators PW7 and another and at the instance of the accused, blood stained knife MO 1 used in the offence and also the blood stained lungi MO2, banian MO3 and full shirt MO5 were seized from the house of A-2 at sanjeevaiahnagar, Guntur at 6. 30 p. m. , under mediator report Ex. P-6. The blood stained objects were sent to the FSL and a report under Ex. P-13 was received to the effect that the blood found on the material objects was of human in origin. The deceased was identified by PW3, the father and PW5 the wife with the help of the photographs of the dead body Ex. p-3. Thus, according to the prosecution, A-l bore grudge against the deceased as the latter informed the husband of Velangini about his illicit intimacy with Velangini and, therefore, hatched a plan along with A-2 and took the deceased to Guntur and killed him by stabbing with a knife and threw the dead body on the railway track to make it appear as if the death was caused due to run over by a train.