APPIKONDA NAIDU Vs. STATE OF A.P.

JUDGEMENT

(1.) The sole accused in SC No.131 of 2010 on the file of the X Additional District and Sessions Judge (Fast Track Court), Visakhapatnam at Anakapalle is the appellant herein. He was tried for an offence punishable under Sec. 302 IPC, for causing the death of one Appikonda Nageswararao on 29/1/2010 at about 04.00 p.m. at the house of the deceased in Venkannapalem village of Munagapaka Mandal. Vide judgment dtd. 15/12/2011, the learned Sessions Judge convicted the accused for the offence punishable under Sec. 302 IPC and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs.500.00 in default to suffer imprisonment for one year.

(2.) The facts as culled out from the evidence of the prosecution witnesses are as under:

(3.) Sri T.M.K.Chaitanya, learned counsel for the appellant, mainly submits that the evidence of DW1 coupled with Ex.X1 amply establish that the deceased was of unsound mind since last twenty years. Though PW1 was aware about the same, he suppressed the said certificate. It is his plea that on one occasion, PW1 himself admitted the accused in the hospital giving an undertaking that he will take back the patient as and when doctor permits.