THONEE MICHAEL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is filed by the Appellant-Al aggrieved by the conviction and sentence inflicted by the III Additional Metropolitan Sessions Judge, City Criminal Courts, Hyderabad in SC No.243 of 2007 vide judgment dtd. 8/10/2007 convicting him to undergo Rigorous Imprisonment for a period of 8 years and to pay a fine of Rs.2,000.00 in default to suffer simple imprisonment for 4 months for the offence punishable under Sec. 304-1 [PC.

(2.) 1. The case of the prosecution in brief was that on 26/8/2006 at 4.00 AM, P.C. No.6448 of Begumpet Police Station lodged a written report in the police station stating that while he was on crime beat patrolling duty in the limits of Begumpet Police Station along with LW.2 - HG 5883 and were patrolling in Shyamlal area on the intervening night of 25/26/8/2006 at about 3.00 AM while proceeding towards Dhaniyalagutta area, found an unknown male dead body lying on the road in a pool of blood. On observing it, they noticed severe bleeding injuries on head and face of the deceased by smashing with granite stones which were found nearby the body. There was pool of blood near the head of the deceased and found blood stains spilled over the rocks nearby. On further observation, they noticed that the deceased seemed to be a Hindu. They also found three empty arrack sachets near the dead body. On their enquiry with hut dwellers, situated about 100 meters from the scene of offence towards Tatachari Colony, Shyamlal buildings, it came to light that a few persons went in an auto rickshaw about 1.00 AM towards Dhaniyalagutta and after twenty minutes, the auto returned back and they also heard hue and cries from Dhaniyalagutta side. The complainant gave the descriptive particulars of the body and the clothes that were found on the dead body and the identification marks which they observed. Basing on the said report, a case in Crime No.300 of 2006 under Sec. 302 IPC was registered.

(3.) Heard the learned counsel for the appellant - Al and the learned Additional Public Prosecutor.