GANDHAM SETTY PRASAD Vs. STATE OF A.P.
LAWS(APH)-2019-1-9
HIGH COURT OF ANDHRA PRADESH
Decided on January 03,2019

Gandham Setty Prasad Appellant
VERSUS
STATE OF A.P. Respondents


Referred Judgements :-

TAMIL NADU V. BALAPRASANNA [REFERRED TO]
SHAIKKHADARBASHA V. STATE OF ANDHRA PRADESH [REFERRED TO]
SYED HAKKIM AND ANOTHER V. STATE [REFERRED TO]
G. PARSHWANATH V. STATE OF KARNATAKA [REFERRED TO]
SETHU MADHAVAN NAIR VS. STATE OF KERALA [REFERRED TO]
KISHORECHAND VS. STATE OF HIMACHAL PRADESH [REFERRED TO]
TRIMUKH MAROTI KIRKAN VS. STATE OF MAHARASHTRA [REFERRED TO]
ABDULWAHAB ABDULMAJID BALOCH VS. STATE OF GUJARAT [REFERRED TO]
RUKIA BEGUM VS. STATE OF KARNATAKA [REFERRED TO]
DINKAR BANDHU DESHMUKH VS. STATE OF MAHARASHTRA [REFERRED TO]
PULUKURI KOTTAYA VS. EMPEROR [REFERRED TO]
KAMLESH PRABHUDAS TANNA VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

C.PRAVEEN KUMAR,J. - (1.)Challenging the order of acquittal passed in S.C.No.122 of 2011 on the file of the II Additional Sessions Judge, Kadapa at Proddatur, the present appeal came to be filed by one Gandhamsetty Prasad, who was examined as P.W.1, under Section 372 Cr.P.C.
(2.)Originally the respondents herein, who are accused 1 to 4 in S.C.No.122 of 2011, were tried for the offences punishable under Sections 302, 120-B and 380 or 412 IPC. The substance of the charge against them was that on 01.09.2010 at about 11.00 a.m., the accused are said to have caused the death of one VaddiSubbaLaxmumma(hereinafter referred to as deceased) by strangulating her with a Navvaru (plastic rope) and binding wire thereby causing instantaneous death. Thereafter the accused are said to have committed theft of the gold ornaments of the deceased.
(3.)The facts, as culled out from the evidence of the prosecution witnesses, are as under:-
On the date of incident i.e., on 01.09.2010 at about 8.00 a.m., A-1 who was working as a maid servant in the house of the deceased, came to the house of the deceased, sprinkled water, laid Muggu infront of the house of the deceased and then went away. Again at about 10.00 a.m., A-1 along with three other male persons came to the house of the deceased. Out of them, A-1 along with one male person entered the house of the deceased, while two other male persons stood outside the house. On the next day, the neighbours and relatives came to know about the death of the deceased. The deceased is the senior maternal aunt of P.W.1, while P.W.2 is the husband of the deceased. P.W.5 is a relative of the deceased. The other material witnesses are neighbours of the deceased. At the time of the incident, P.W.2 who is the husband of the deceased was in Central Prison, Kadapa undergoing imprisonment in a criminal case. On coming to know that some strangers have caused the death of the deceased, P.W.1 proceeded to the house of the deceased and noticed the dead body lying in the kitchen. He also noticed a ligature mark on the neck of the deceased. The almirahs were opened and the ornaments from the said almirahs were found missing. The information about the incident was also sent to P.W.2, who was permitted to see the deceased with escort.

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