KUNAMALLA PRABHAKAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is arising out of the judgment dtd. 29/11/2013 in S.C.No.121 of 2010 on the file of Special Judge for trial of cases under SCs. and STs. (POA) Act-cum-VII Additional District Judge, FAC: VIII Additional District Judge (FTC), Warangal.

(2.) The appellant is the sole accused. A charge sheet is filed against the accused for the offence punishable under Sec. 302 of IPC. The trial Court, after considering the evidence on record, convicted the appellant under Sec. 235(2) of Cr.P.C. for the offence punishable under Sec. 302 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.500.00 and in default of payment of fine, to undergo rigorous imprisonment for three months.

(3.) The brief case of the prosecution is that 4 years prior to the date of incident, the deceased purchased a house from one Bandi Narsaiah and since then, he along with his family, were residing there and the accused initially intended to purchase the very same house, but as it was purchased by the deceased, the appellant/accused bore grudge against the deceased. About 20 days prior to the incident, the accused set fire to the kirana shop of PW-8, and on noticing the same, when the deceased when questioned the acts of the accused, disputes arose between them. It is the further case of the prosecution that on 11/10/2009, at about 9.00 p.m., the deceased went to the shop of PW-7 and the accused picked up a quarrel with the deceased in the presence of PWs.5 and 6 and also threatened the deceased. At about 11.00 p.m., on hearing the cries of PW-3, PW-2 rushed towards the house of PW-3 and saw the accused going away by hitting the deceased with a boulder on his head. On that, PW-2 rushed to the house of PW-1 and informed about the incident. Basing on the information given by PW-2, on the next day i.e. on 12/10/2009, PW-1 lodged a report/Ex.P-1 to the Police. On 12/10/2009, basing on Ex.P-1/report, PW-13 i.e. the Sub-Inspector of Police, Geesugonda registered Crime No.178 of 2009 for the offence punishable under Sec. 302 of IPC and issued FIR i.e. Ex.P-14. The Inspector of Police, Geesugonda tookover the investigation and during the course of investigation, visited the scene of offence, prepared scene observation report, held inquest over the dead body of the deceased in the presence of blood relatives of the deceased and panchayatdars and later forwarded the dead body of the deceased for postmortem examination.