KOTHA BADRINATH Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is preferred against the Judgment in Sessions Case No. 232 of 1997 on the file of the III Addl. Sessions Judge, East Godavari, Kakinada dated 26-11-1998. The learned Senior (Sessions?) Judge having tried the appellants-accused for the offences punishable under Sections 302 and 307 IPC found guilty and convicted and sentenced them to suffer imprisonment for life and to pay a fine of Rs. 5,000/- each, in default to suffer simple imprisonment for six months for the offence punishable under Section 302 IPC. and further sentenced them to undergo rigorous imprisonment for seven years each for the offence under Section 307 IPC.

(2.) The case of the prosecution is that A-1 and A-2 are the father and son and are residents of Nidadavole. The deceased Manda Buchi Ramana @ Buchi Ramayya was living along with his wife (P.W. 2) at Nidadavole. A-1 is the Sister's son of P.W. 2 and doing business in Steel and Brass articles at Nidadavole and sustained loss in his business. The deceased gave some financial aid to A-1 on a couple of occasions. P.W. 1 is the grandson of the old couple i.e., the deceased and P.W. 2, being daughter's son and was working at Kakinada. He was an occasional visitor to the old couple.

(3.) On 2-6-1997 A-1 and A-2 came to the house of the deceased on the pretext of joining his son in Computer course at Kakinada. They both stayed in the house of the deceased on the night also. Around 8 a.m. on 3-6-1993 P.W. 1 who is the grandson of the old couple came to the house on his way to his duty. He had no acquaintance with A-1 and A-2 earlier. P.W. 2 informed him about their relationship with A-1 and A- 2. P.W. 1 waited for about half an hour to see his grandfather who is doing Pooja and as he was getting late to the shop, came out of the house to go away. A-2 shouted from the balcony stating that his grandfather was calling him and when P.W. 1 entered the meditation room, the accused closed the doors from behind and when P.W.1 questioned them as to why they were closing the doors, they stated that they have killed their grandfather and had intention to kill his grandmother also and since he had seen them, they would kill him also and so saying, A-1 stabbed P.W. 1 with knife on his neck, chin and chest and caused bleeding injuries. A-2 tied a nylon rope around his neck to strangulate him. P.W. 1 however wriggled out himself from them and came out of the room shouting loudly about the murder of his grandfather and informed the same to the neighbours. P.Ws. 5 and 6 and asking them to go and protect his grand-mother and he himself rushed to a private Nursing Home, where he was advised to go to Government General Hospital, Kakinada. P.W. 1 was admitted in Government General Hospital, Kakinada at 9-45 a.m. with the help of P.W. 7 and another person.