KURRA SHEETHARAMAIAH Vs. STATE OF A P

JUDGEMENT

(1.) THIS appeal is filed by the appellant/ sole accused against the judgment dated 10-08-2006 passed in S. C. No. 20 of 2004 on the file of the Special Judge for Trial of Offences under the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act, Prakasam division, Ongole, whereunder and whereby the accused was found guilty of the offence punishable under Section 302 IPC and was convicted and sentenced to undergo imprisonment for life and to pay a fine of rs. 1000/- in default simple imprisonment for one month.

(2.) THE case of the prosecution is that the accused and Muthineni Chinna Kasaiah (hereinafter referred to as 'the deceased') are relatives. P. W. 3 the daughter of the accused was given in marriage to P. W. 2 the son of the deceased. Both are residents of nakkabokkalapadu Village. At the time of marriage, it was agreed by the accused to pay rs. 40,000/- to P. W. 2, but he did not pay the same in spite of repeated demands made by the deceased. The deceased informed to the village elders about the non-compliance of promise by the accused. Then the elders advised the accused to fulfill the promise. With great persuasion, the accused gave his half-acre of land to P. W. 2, who in turn gave the land on lease to the son of the accused. As maktha was not paid by the lessee, the deceased and P. W. 2 themselves cultivated the land and raised Jowar crop. Then the accused, with a false intention to grab the said land, caused mischief to the standing crop. While so, on 19-7-2003 the accused after witnessing programmes in the T. V. in the house of P. W. 6, proceeded towards the old house of P. W. 4. The deceased went to sleep. At about 10. 30 p. m. the accused with an intention to kill the deceased inflicted multiple injuries with axe on his body, as a result, the deceased succumbed to the injuries on the spot. When the accused was proceeding towards scene of offence, P. W. 5 saw him and asked him the reason for going on that way at those odd hours, for which the accused gave a false reply. On the next day i. e. , on 20-07-2003 P. W. 1 having learnt about the occurrence, visited the scene of offence, witnessed the dead body of the deceased in a pool of blood and sent a report to the police. Basing on the said report of P. W. 1, P. W. 12 registered a case on the same day itself in crime No. 24 of 2003 for the offence under section 302 IPC. P. W. 14 took up investigation, visited the scene of offence, drafted panchanama of the scene of offence and recorded the statements of the witnesses. After completion of the investigation and after receiving the required documents, L. W. 19 filed the charge sheet.

(3.) THE learned Additional Munsif Magistrate, addanki took cognizance of the case in p. R. C. No. 28 of 2003 and committed the same to the Court of Sessions. On committal the learned Special Judge framed a charge against the accused for the offence punishable under Section 302 IPC.