VADLAKONDA SAIDULU, MAHABOOBNAGAR Vs. P.P., HYDERABAD

JUDGEMENT

(1.) This Criminal Appeal is filed against the Judgment dtd. 20/3/2014 in S.C.No.397 of 2013 passed by the learned IX - Additional District and Sessions Judge, Wanaparthy.

(2.) The case of the prosecution is that the appellant/accused alleged to have killed the deceased with an axe, as a result deceased succumbed to injuries and thus it is alleged that accused committed offences punishable under Sec. 302 of IPC. To prove the guilt of the accused prosecution examined P.Ws.1 to 15 and marked Exs.P1 to P8 on their behalf and also marked M.Os.1 to 8. The Trial Court after considering the arguments of both sides and also the entire evidence on record, convicted the accused under Sec. 235(2) of Cr.P.C and sentenced him to undergo life imprisonment with a fine of Rs.5,000.00, in default to suffer simple imprisonment for a period of six months for the offence punishable under Sec. 302 of I.P.C. Aggrieved by the said judgment, accused preferred the present appeal.

(3.) Learned counsel for Accused mainly contended that the motive suggested for committing murder is irrelevant not established and there is no positive evidence except the evidence of interested witnesses i.e., P.Ws.1 to 3. He further contended that the trial Court erred in consisting the meaning of motive and intention for the purpose of Sec. 302 of IPC. The evidence of P.Ws.1 and 2 are contrary to each other. P.Ws.2 and 3 are set up to screen the real culprit and the case is foisted against the appellant. The trial Court failed to note the inconsistencies and oddities and misread the evidence. The trial Court erred in treating admittedly the third party witnesses as direct witnesses. Therefore, requested this Court to set aside the judgment passed by the Trial Court.