SUNTRU SOMI REDDY Vs. STATE OF A P

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16-05-2006 in S. C. No. 35 of 2005 on the file of Principal Sessions Judge, East godavary, Rajahmundry, wherein the appellant was found guilty for the offence under Section 302 IPC and was convicted for the same and sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-, in default to suffer simple imprisonment for one month.

(2.) THE case of the prosecution in brief is as follows:

(3.) THE accused is a resident of Ramannavalasa and the deceased-Pallala kannamreddy is a resident of Bodigagondi village. The accused is close relative of the deceased being the nephew of the mother of the deceased. About one year prior to the occurrence, the accused developed illicit intimacy with the mother of the deceased and it was known to one and all. The accused used to visit the house of the deceased now and then to meet the mother of the deceased. About one month prior to the occurrence, the mother of the deceased left Bodigagondi village along with the accused and shifted to Ramannavalasa. About one week prior to the incident, the father of the deceased went to Ramannavalasa and convinced his wife and got her back to Bodigagondi village. On the next day the accused along with his family came to Bodigagondi and stayed in the house of the deceased. The deceased was demanding the accused to leave his house and the accused paid a deaf ear to his demand. On 05-04-1996 at about 8 P. M. when the deceased went to the house of Suntru Mangi reddy on the pretext of bringing the accused for supper, there was a wordy altercation between the accused and the deceased, which led to exchange of hot words. On hearing the same, Pallalla Subbalakshmi, wife of the deceased, went to the house of Suntru Mangi Reddy accompanied by Duda Amrutha Prasad-L. W. 7 and pallala Pandureddy-L. W. 2. On seeing them the accused grew wild against the deceased and took a knife from his waist and started chasing the deceased by saying that "he will kill him" and take away the mother of the deceased-Pallala subbayamma. After chasing the deceased to some extent, the accused caught him and stabbed him with a knife on his left temporal region in the presence of pallala Pandureddy-L. W. 2; Pallala Subbalakshmi-L. W. 3; Suntru Rajareddy-L. W. 4; suntru Lakshmamma-L. W. 5; Suntru Bullemma-L. W. 6; Duda Amrutha Prasad-L. W. 7; suntru Pandureddy-L. W. 8 and Pallala Subbayamma-L. W. 9 and ran away. The deceased died on the spot. On the next day i. e. on 06-04-1996, Gorla Ponnamma, Village administrative Officer-P. W. 1 gave a complaint-Ex. P1 to the Sub-Inspector of police-P. W. 7, who registered a case in Cr. No. 4 of 1996 under Section 302 IPC. Since the Inspector of Police-P. W. 8 was on other duty, P. W. 7 took up investigation, examined the scene of offence, prepared observation report-Ex. P2, rough sketch-Ex. P15 and conduced inquest over the body of the deceased in the presence of mediators and sent it for postmortem examination. The Medical officer, Government Hospital, Rampachodavaram issued postmortem certificate to the effect that the deceased sustained deep stab injury on the left side of temporal region and death might have been caused due to injury to vital organs like eye ball and brain and death might have occurred 60 to 62 hours prior to postmortem examination. On 27-05-1996 at 2 P. M. the accused was arrested at kakiwada village and at his instance the knife was recovered under Ex. P5 in the presence of mediators-P. W. 5 and another and the accused was sent for remand. The material objects were sent to RFSL for chemical analysis under a cover of letter of requisition-Ex. P16 and letter of advise-Ex. P17. A report-Ex. P18 was received from the RFSL to the effect that human blood was detected on the knife-M. O. 3 and it was of 'b' group. After completion of investigation the Inspector of Police-P. W. 8 filed the charge sheet on 13-06-1996.