BOYA SREENIVASULU Vs. STATE OF A.P.

JUDGEMENT

(1.) Meti Manjunatha @ Manju was killed on the night of 8/4/2008 at Dodagatta Village, D.Hirehal Mandal, Anantapur District. Boya Sreenivasulu @ Seena was charged with his murder in S.C.No.129 of 2009 on the file of the learned III Additional District and Sessions Judge (Fast Track Court), Anantapur. By judgment dtd. 31/5/2012, the learned III Additional Sessions Judge held him guilty of the charge punishable under Sec. 302 IPC and sentenced him to life imprisonment apart from payment of a fine of Rs.1,000.00, in default of which he was to suffer simple imprisonment for one month. Aggrieved thereby, Boya Sreenivasulu @ Seena is in appeal under Sec. 374(2) CrPC.

(2.) By order dtd. 18/7/2017 passed in Crl.A.M.P.No.1483 of 2017 filed in this appeal, this Court granted conditional bail to the appellant. He remained present in person during the hearing of this appeal.

(3.) The case of the prosecution was as follows: The Sub-Inspector of Police, D.Hirehal Police Station (P.W.8), received Ex.P1 written report from P.W.1 at 11.45 PM on 8/4/2008 at the police station and registered Crime No.25 of 2008 under Sec. 302 IPC against the accused. He forwarded the express FIR to the Court and all concerned. Ex.P7 is the printed FIR. The In-charge Sub-Inspector of Police of Rayadurg Circle (P.W.7) commenced investigation after receiving the express FIR (Ex.P7) on 9/4/2008 at 6.00 AM. He went to the Government Hospital, Rayadurg, where he found P.W.8 along with mediators, blood-relatives and eye-witnesses. He examined P.W.1, P.W.2, P.W.3, P.W.6, Meti Neelamma (L.W.2) and Meti Eswar (L.W.3) and recorded their statements. He conducted an inquest over the dead body between 7.00 AM and 10.00 AM. P.W.4 and Varikooti Hampa Reddy (L.W.8) acted as mediators and attested the inquest mahazar (Ex.P2). He visited the scene of the offence along with P.W.8 and the mediators - P.W.4 and Varikooti Hampa Reddy (L.W.8). The scene of the offence was in front of the house of P.W.3 at Dodagatta Village. He inspected the scene of the offence and prepared a rough sketch (Ex.P8). He seized blood-stained earth and controlled earth under cover of a mahazar (Ex.P3). M.O.6 is the blood-stained earth and M.O.7 is the controlled earth. On information, he went along with his staff and mediators - P.W.4 and one Ramachandra Reddy, Village Revenue Officer of Rayadurg, at 4.30 PM on 11/4/2008 and reached Kalyam Village Bus Stop, where he apprehended the accused. He recorded the confessional statement of the accused, wherein he admitted to commission of the offence and told them that he would show the axe which was used by him. He arrested the accused under cover of a mahazar (Ex.P3). At about 5.40 PM, the accused led them towards the south of Dodagatta Village to thorny bushes at the tank, where he showed the axe used for commission of the offence. M.O.1 is the axe produced by the accused. The same was seized under cover of a mahazar (Ex.P5). The same was attested by P.W.4 and Ramachandra Reddy, Village Revenue Officer of Rayadurg. The accused also signed on the mahazar. They returned to the police station and the accused was sent to judicial remand. M.Os.1 to 7 were sent to the Forensic Science Laboratory at Tirupathi for analysis. Upon receipt of the FSL report (Ex.P11), J.P.Yerikalaiah, Inspector of Police, Rayadurg (L.W.13), the successor-in- office of P.W.7, filed the charge sheet.