THUMMALA LOVARAJU Vs. STATE OF A P

JUDGEMENT

(1.) THIS appeal has been filed by the sole appellant challenging the Judgment dt. 31. 3. 2006 in S. C. No. 59 of 2001 passed by the 1st Additional District and sessions Judge, West Godavari at Eluru. The appellant was convicted for the offences punishable under Section 302 and 324 IPC and sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 500/-, in default of payment of fine to suffer simple imprisonment for three months, for the offence under Section 302 IPC and further sentenced him to suffer rigorous imprisonment for three months for the offence under Section 324 IPC and it was also ordered that the sentences awarded under both counts shall run concurrently.

(2.) THE appellant will be referred as to 'the accused' for the sake of convenience.

(3.) THE specific charge against the accused is that on 14. 4. 2000 at about 11. 30 p. m. he committed the murder of Pechetti Appa Rao (hereinafter referred to as 'the deceased'), in front of the shop of one Paradesi Krishna (Pw. 5) situated in Satyanarayana Swamy Temple Complex, Tadepalligudem town by stabbing the deceased on left side below chest and also inflicting several cut injuries on the face of the deceased with a knife used for cutting water melons. The 2nd charge against the accused is that at the same time when Peravali Ravi (Pw. 1)intervened and came to the rescue of the deceased, the accused voluntarily caused hurt to him with the same knife.