KODARI RAJU KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This appeal is filed against the Judgment dtd. 17/6/2014 in S.C.No.263 of 2013, passed by the learned Special Judge for trial of offences under S.Cs and S.Ts (POA) Act-cum-VI"Additional Metropolitan Sessions Judge, Secunderabad.

(2.) The case of the prosecution is that the appellant/accused murdered his mother, as she did not hand over her gratuity pension to him. The trial Court examined P.Ws.1 to 16 and marked Exs.P1 to P15 on behalf of the prosecution and also marked M.Os.1 to 7. After considering the oral and documentary evidence, the trial Court convicted the accused under Sec. 235(2) of Cr.P.C and sentenced him to undergo Rigorous Imprisonment for life for the offence under Sec. 302 of IPC and he is also convicted for the offence punishable under Sec. 324 of IPC and sentenced him to undergo Rigorous Imprisonment for a period of six months. Both the sentences shall run concurrently. Aggrieved by the said Judgment, accused preferred the present appeal.

(3.) The appellant/accused mainly contended that there is no direct witness to the occurrence and the present case is based on the circumstantial evidence. It was also contended that the trial Court erred in holding that the death of the deceased was homicide and there is no absolute motive for the accused to kill his mother. P.Ws.3, 4 and 7 did not support the case of the prosecution and they turned hostile. The deceased died due to fall on hard surface, but the trial Court wrongly convicted the accused basing on inadmissible evidence. The trial Court erred in thinking that non-availability of the accused near the dead body proves his guilt. Therefore, requested the Court to set aside the Judgment of the trial Court.