RAMAGUNDAM YELLAIAH Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Appeal by the appellant-sole accused is directed against the judgment, dated 11-10-2006, in Sessions Case No. 69 of 2006, on the file of the III Additional District and sessions Judge, Warangal, wherein the appellant-accused was convicted and sentenced to undergo Rigorous Imprisonment for a period of seven years and also to pay a fine of Rs. 100/-, in default to undergo Simple imprisonment for a period of one month of the offence punishable under Section 392 of the indian Penal Code, 1860 (for brevity'ipc') and further convicted and sentenced to undergo imprisonment for Life and also to pay a fine of rs. 100/-, in default to undergo Simple imprisonment for a period of one month of the offence punishable under Section 302 IPC.

(2.) THE case of the prosecution, in brief is as follows: agamma (hereinafter referred to as 'deceased No. 1'), Bondaiah (hereinafter referred to as 'deceased No. 2'), accused and p. W. 1, who is no other than the son of the deceased Nos. 1 and 2, are residents of chinna Pendyala village of Warangal District. The accused was the farm servant of P. W. 1 and while working as farm servant, he used to consume liquor at the house of deceased Nos. 1 and 2, who were staying away from P. W. 1. During that time, the accused had an evil eye over the cash and other valuables of deceased nos. 1 and 2. Subsequently, the accused joined as farm servant with another and discontinued from P. W. 1. Since then, the accused addicted to alcohol without working anywhere continuously. The accused found it difficult to get amounts to purchase liquor and therefore, he hatched a plan to commit theft of cash and valuables from the house of deceased nos. 1 and2andwaswaitingforan opportunity. As per his evil desire, on the night of 25-11-2004, he went to the hotel of L. W. 12 and requested her to give him a whisky bottle, upon which, she refused to give and sent him out of the hotel. Thereafter, the accused went to the house of deceased Nos. 1 and2atabout 24. 00 hours and knocked the doors. At that time, deceased No. 2 came out of the house to attend calls of nature. Suddenly, the accused pounced upon him, beat him with hands, fell him on the ground and pressed his neck and mouth till his death. Later the accused entered into the house and tried to snatch the gold pusthela thadu of deceased No. 1, for which she woke up and shouted by mentioning the name of the accused. Then the accused pounced on her, beat her with a stick and pressed her neck till her death. Later, the accused committed theft of gold ear studs, two gold Nallapusala Gottalu,four gold muliku and one gold pathkam weighing about 15 grams all total worth of Rs. 13,000/- and fled away with the booty. On 26-11 -2004 at about 6. 30 a. m. P. W. 3 told with P. W. 1 that the dead body of deceased No. 2 was lying in front of the house of the deceased. Then P. W. 1 went to the house and saw the dead body of deceased No. 2 and he noticed bleeding from the ear of deceased No. 2 and also noticed left finger broken. Later P. W. 1 entered into the house and found his mother's dead body lying by the side of the long table used for sleeping. He noticed bleeding on front head and back of the head of deceased No. 1. He also found that the gold ornaments of his mother were missing. P. W. 1 went to Ghanpur Police Station and lodged Ex. P-1 - written complaint. On receipt of the complaint, the Sub-Inspector of Police (not examined) registered a case in Cr. No. 159 of 2004 and issued ex. P-18 FIR P. W. 11-incharge Inspector of police of Ghanpur Police Station, on receipt of FIR, took up investigation, visited the scene of offence, examined P. Ws. 2 and 3 and others and recorded their statements. He secured the presence of P. W. 8and in his presence, he conducted the scene of offence panchanama at the places where two dead bodies were lying. He prepared rough sketch of scene of offence under Ex. P-19 and P-20, later he held inquest over the dead bodies of the deceased under Exs. P-11 and P-12. He forwarded material objects for chemical analysis along with controlled earth and blood stained earth and he also subjected the dead bodies to Post-mortem examination. P. W. 9-Assistant Professor in Department of Forensic, kmc, Warangal, conducted autopsy over the dead bodies of deceased Nos. 1 and 2 and opined that the cause of the death of deceased nos. 1 and 2 is due to strangulation and he issued Exs. P-14 and P-15 post-mortem certificates. P. W. 12-C. I. of Police, Ghanpur police Station, on receipt of information though p. W. 4 on 8-12-2004 that they detained the accused who is in possession of stolen property, he went along with his staff to Chinna pendyala village and reached the shop of p. W. 5. He interrogated the accused in the presence of P. W. 10 and others. The accused confessed about the offences and P. W. 12 recorded the confessional panchanama. At the instance of the accused, he sized gold articles from the pocket of the accused, which are M. Os. 1 to 4. In pursuance of confession of accused, he proceeded to the house of the deceased and recovered a stick in the bushes, which contained the bloodstains. On the same day, he arrested the accused and after completion of investigation, he filed charge sheet.

(3.) THE learned Sessions Judge, framed the following charges against the accused: firstly: That you on the night of 25-11-2004 at Chinna Pendyala, did commit murder by intentionally causing the death of Agamma and Bondaiah by pressing their necks and thereby committed an offence punishable under section 302 IPC. Secondly: That you during the course of same transaction mentioned above, robbed gold ear studs, two gold nallapusala Gottalu, four gold milukulu and one gold Pathakam weighing about 15 grams all total worth of Rs. 13,000/-and fled away and thereby committed an offence punishable under Section 392 ipc. When the above charges were read over and explained to the accused in Telugu, he pleaded not guilty and claimed to be tried.