PEERELLI KOMURAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This appeal is directed against the judgment, dtd. 22/10/2010, passed in S.C.No.702 of 2007 by the learned IV-Additional Sessions Judge (FTC), Warangal, whereby the appellant/A-2 was convicted of the offence punishable under Sec. 302 read with Sec. 34 of I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs.500.00, in default, to suffer simple imprisonment for six months.

(2.) The case of the prosecution, in brief, is that on 16/8/2006 at 12.30 hours, one Gouda Rajamma (P.W.1), wife of Gouda Rajaiah (hereinafter referred to as the deceased) lodged a written complaint (Ex.P1) before the Sub Inspector of Police, Bhupalpally Police Station stating that there were land disputes between the deceased and A-1 and A-2. On 13/8/2006 at about 9.00 A.M. when the deceased was returning from the Kirana shop, both the accused beat the deceased, as a result of which, the deceased sustained grievous injuries and he was in the house for four days. Thereafter, on 16/8/2006 at about 9.00 A.M. when the deceased accompanied by his wife left the house to go to hospital at Warangal for taking treatment and while they were waiting for a bus at Nagaram bus-stand, A-1 and A-2 came there with knives and sticks and attacked the deceased with knives and killed him and when P.W.1 tried to rescue the deceased, the accused threatened her at point of knife and that she ran away from the scene of offence and thereafter when P.Ws.3 and 4 came there, the accused ran away from the scene of offence. Basing on the said complaint, the Sub Inspector of Police (L.W.20) registered a case in Crime No.133 of 2006 under Sec. 302 r/w 34 of I.P.C. During the course of investigation, P.W.14-Inspector of Police examined and recorded the statements of P.Ws.1 to 4, visited the scene of offence, conducted scene of offence panchanama in Crime Details Form in the presence of P.W.10 and another, seized blood stained earth, controlled earth and held inquest over the dead body of the deceased. Subsequently P.W.12-Civil Assistant Surgeon, Government Community Hospital, Parkal, conducted post mortem examination over the dead body of the deceased and opined that the cause of death of deceased was due to shock and haemorrage as a result of multiple injuries. Subsequently, A-1 and A-2 surrendered before the Court and they were taken for police custody and P.W.14 interrogated the accused in the presence of P.W.11 and another and that the accused voluntarily confessed about commission of offence and also about the extra-judicial confession made by them before one Jakkula Sarangapani (L.W.14) and recorded confessional statement of the accused, seized the knife, which was used in the commission of offence from the house of A-1 in the presence of mediators and after completion of investigation, P.W.14 filed charge sheet against the accused for the offence punishable under Sec. 302 r/w 34 of I.P.C.

(3.) A Charge under Sec. 302 r/w 34 of I.P.C. was framed against the accused. The plea of the accused was one of total denial and claimed to be tried. The prosecution in order to prove its case against the accused examined P.Ws.1 to 14 and got marked Exs.P1 to P14 and M.Os.1 to 8. On behalf of the accused, no witness was examined and no document was marked.