PANCHIKATLA SREENIVASULU Vs. STATE OF A.P.

JUDGEMENT

(1.) Accused in Sessions Case No. 69 of 2009, on the file of the Principal Sessions Judge, West Godavari Division at Eluru, filed this appeal against the judgment, dated 01.11.2011, by and under which, the learned Sessions Judge has convicted the appellant/accused for the offences punishable under Sections 302 and 380 IPC and sentenced him to undergo rigorous imprisonment for life for the offence under section 302 IPC and to pay a fine of Rs. 100/- (Rupees one hundred only); and to undergo rigorous imprisonment for a period of one year for the offence under Section 380 IPC and to pay a fine of Rs. 100/- (Rupees one hundred only), and in default of payment of fine amounts, he was directed to suffer rigorous imprisonment for one month and 10 days respectively on each count.

(2.) The case of the prosecution in brief is that the appellant/accused is a farm servant of PW 1 and he used to attend the works at agricultural fields and also attending the household works of PW 1. The accused used to get the milk to the house of PW 1 every day morning and after taking breakfast in the house of PW 1, he used to go to the fields. PW 1 and his wife Atchutamba (hereinafter referred to as "the deceased") were residing in one house and opposite to the said house, their son-PW 2 and daughter-in-law-PW 3 were residing in another house. On 23.06.2008 morning PW 1 along with PW 4 went to Eluru in search of a suitable job to one Yesu, a handicapped person. While so, at 7.30 a.m on the same day, the accused, in usual course, brought the milk from the fields and gave it to the deceased and while taking breakfast, PW 2 came and instructed him to come early to the fields. PW 6 who is the cook of PW 1 had not attended the house on that day. While the accused was in the house of PW 1, PW 5, the cook of PW 2 and PW 3 came to the house of PW 1 to give mangoes, and then the accused attended and took the mangoes from PW 5 and informed her that the deceased was sleeping due to ill-health. On the same day, at about 11 a.m PW 2 returned to the house of the deceased and witnessed the dead body of the deceased on bed with injuries and he informed the same to PW 1 over telephone, and after reaching the house. PW 1 gave report to the police. The police personnel rushed to the spot and after following due procedure, sent the dead body of the deceased for post mortem examination. According to the prosecution, on 30.07.2008 at 2 p.m. the accused went to the Village Revenue Officer-PW 18 and confessed that he killed the deceased. The case of the prosecution is that finding the deceased alone in the house, the accused committed theft of Rs. 2,230/- from underneath the bed and when the deceased witnessed the same, the accused pressed her neck with hands and with an electric wire and strangulated her. After completion of investigation, PW 23 filed the charge sheet.

(3.) In support of its case, the prosecution examined PWs 1 to 23 and marked Exs.P1 to P12 and M.Os.1 to 15. On behalf of defence no oral evidence was adduced, but Exs.D1 and D2 were marked.