ALETI NAGARAJU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellant was convicted for the offence under Sec. 302 IPC for committing murder of one Veera Chary, carpenter, vide judgment in S.C.No.169 of 2011 dtd. 23/6/2014 passed by the Special Judge for SC/ST (POA) Cases-cum-VII Additional District Judge, Warangal.

(2.) Brief facts of the case are that the appellant was working under P.W.6 and was admitted into the hospital. He spent an amount of Rs.18,000.00. The appellant was not having enough money and towards payment of the hospital bills, the deceased stood as surety in favour of the appellant for the money taken from P.W.6. P.W.6 threatened the deceased that payment has to be arranged as he stood as surety. The said phone call by P.W.1 was made on 4/11/2009. On the same day, i.e., on 4/11/2009 about 10.30 p.m, the mother of the appellant informed the deceased on phone that the appellant was beating his wife and asked the deceased to come to their house. The deceased went to the house of appellant on scooter. The deceased went into the house and interfered with the appellant beating his wife, as such, the appellant beat the deceased with the stick on his head and also cut the throat of the deceased with knife. Thereafter, the appellant fled from the house. After the incident, the relatives of the deceased caught hold of the appellant and beat him up in front of his house with sticks and caused injuries. With regard to the said incident of beating appellant, complaint was filed and same was registered as Crime No.184 of 2009 by the Police, Dharmasagar and appellant was admitted in M.G.M Hospital, Warangal for treatment.

(3.) P.W.1 who is the wife of the deceased was informed by P.W.5 at her house that the appellant killed her husband. P.W.5's house is on the back side of house of appellant. Accordingly, P.W.1/wife, P.Ws.2 and 3, who are the parents of the deceased went to the house of the appellant and found deceased dead. Complaint Ex.P1 was filed with the police by P.W.1 on the next day. It was registered as Crime No.183 of 2009. The police went to the scene of offence on the same day i.e., 5/11/2009 and scene of panchanama was conducted. Inquest proceedings were also conducted. Thereafter, the body was sent for postmortem examination. The postmortem Doctor P.W.15 found the following injuries on the body of the deceased.