SHAIK MUJEEB Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellant was convicted for the offence under Sec. 304- II of IPC and sentenced to undergo rigorous imprisonment for a period of seven years vide judgment in S.C.No.69 of 2009 dtd. 5/10/2010 passed by the VI Additional District and Sessions Judge (Fast Track Court) at Nizamabad.

(2.) Briefly, the case of the prosecution is that deceased namely D. Rishi Kumar and appellant were taking coaching classes for spoken English in Ratna Spoken English Institute at Kamareddy, which was run by P.W.6. On 23/9/2008, Rishi Kumar did not return from the coaching class, as such, father/P.W.1 filed complaint on 26/9/2008 with Kamareddy Police after searching for him for three days. On 30/9/2008, P.W.1 came to now that dead body of a male person was found in Tekriyal village tank. P.W.1, having identified the dead body as his son, Devanpally Police registered crime since body was found in their jurisdiction.

(3.) During investigation, P.Ws.4 and 5, who are the friends of the appellant informed the police that the appellant confessed before them on 23/9/2008, that he had killed the deceased Rishi Kumar. However, P.Ws.4 and 5 stated that since the appellant threatened them, they did not inform to the police immediately. The statements of P.W.4 and P.W.5 were recorded under Sec. 161 CrP.C on 22/10/2008.On the very same day, the appellant was arrested in the presence of P.W.10, who was the VRO and confession was recorded and the cell phone belonging to the deceased was recovered at his instance. Though, initially the case was registered under Sec. 174 Cr.P.C, the Sec. of law was altered to Sec. 302 and 379 IPC. The police filed charge sheet for the offence under Ss. 302 and 379 IPC after concluding investigation.