MANUPATI PRABHAKAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused Nos. 1 and 2, who are brothers, are the appellants. They were convicted under Sec. 302 I.P.C., and sentenced to suffer imprisonment for life and to pay a fine of Rs. 3000/-in default to suffer R I., for six months each. They were also convicted under Sec. 452 IPC and were sentenced to suffer rigorous imprisonment for three years and also to pay a fine of Rs. 1000/-in default to suffer R I., for four months each. The sentences were directed to run concurrently.

(2.) The gravamen of the charge against the accused is that during the night of 10-1-1987 at Kazibugga, Warangal, they have committed house trespass by forcibly entering into the house of the deceased, Rayapuram Bendamma, and stabbed her with knives to death. The case mainly rested on the evidence of P.W. 2 a child-witness aged about 10 years. The learned Additional Sessions Judge by accepting his evidence convicted the accused.

(3.) The case of the prosecution, in brief, is as follows : P.W. 4 aged about 60 years is the husband of the deceased. P.W. 1 is their son. P.W. 1 has five sisters and they were all married. P.Ws. 2 and 3 are the children of Sammakka one of the sisters of P.W. 1. The accused are the children of the brother of the deceased. During the year 1969 P.W. 4 purchased one acre of land from the father of the accused for Rs. 2000/- and when P.W. 4 wanted to sell that land the accused objected to the same stating that their father by mistake sold that land at a very low price of Rs. 2000/-. Thereupon, there was a panchayat in which it was decided that P.W. 4 should give Rs. 11,000/-. However, the accused were not satisfied with this and were threatening that they would put an end to the life of P.W. 1. P.W. 1, being afraid of, has shifted his residence to Balasamudram from Kasibugga. During the night of the incident, P.W. 2, his brother Rajasbekar and the deceased were sleeping in the house while P.W 4 an employee in the Azam Jahi Mills went out to duty. At about mid-night time the accused raised the doors, removed the hinges and entered into the house. Then A-2 tied a belt around the neck of the deceased and pulled her up. A-1 stabbed the deceased in the chest and stomach with a knife. Then A-2 took out a knife and stabbed the deceased in the left flank. The accused also threateaed P.W. 2 and his brother not to raise their voice. P.W. 2 afraid of the accused slept and in the early morning went and informed their sister, P.W. 3, Who lives close to their house. On seeing P.Ws. 2 and 3 and their younger brother weeping P.W. 5 went and told P.W. 4 of the incident. P.W. 4 came to the house and found the dead-body. He sent word to P.W.1, who came there at about 7-00 a.m., and then gave the report, Ex. P-1, to the police. P.W.9, the S.I., registered the crime and P.W. 11 the C.I., of police took up the investigation, held inquest over the dead-body and sent it for post-mortem. P.W. 10 conducted the post.mortem and found number of injuries on the dead-body. He opined that the death was due to multiple injuries. Later, the accused were arrested and at their instance M.Os. 6 and 7 (knives) were recovered. After completion of the investigation the charge-sheet was laid.