N ANIL KUMAR, SECUNDERABAD Vs. STATE OF A P
LAWS(APH)-2019-3-72
HIGH COURT OF ANDHRA PRADESH
Decided on March 20,2019

N Anil Kumar, Secunderabad Appellant
VERSUS
STATE OF A P Respondents

JUDGEMENT

Abhinand Kumar Shavili, J. - (1.)This is an appeal against the judgment of the learned Special Judge for Trial of Offences under S.Cs. and S.Ts. (Prohibition of Atrocities) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad, in Sessions Case No.481 of 2012. The appellant has been convicted for the offence under Sec. 302 of Penal Code and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.1,000.00, and in default of payment of fine, he has to undergo simple imprisonment for a period of three months.
(2.)The allegations on the basis of which charge was framed against the accused/appellant was that he had committed murder of his brother-in-law by name Gyaneshwar Rao on 11.12.2011 by stabbing with a knife. Charge was framed under Sec. 302 of Penal Code, to which the appellant pleaded not guilty and claimed to be tried. Prosecution examined 16 witnesses and exhibited 11 documents and 2 material objects.
(3.)Pw-1 stated that the deceased is his maternal uncle, who had married the sister of accused, but thereafter, they got separated. On 11.12.2011 at 2.40 p.m., himself and the deceased went to the house of LW-9/Kalamma and by that time, the accused was present there. While they were discussing about a money transaction, he went to his house to have meals. Thereafter, at about 3.30 p.m., when he was returning to the house of LW-9/Kalamma, he found the accused going away from the house of LW-9 with a knife, on a motorcycle. On his entering into the house of LW-9/Kalamma, he found the deceased lying on floor in a pool of blood. He stated that at that time, LW-9/Kalamma, LW-10/Balamani and LW-11/Babu were present. Accordingly, he gave Ex.P-1/complaint to the Police.
In his cross-examination, he stated that he narrated about the incident to the Police when they visited the scene of offence. Police reduced the same into writing and shifted the dead body to Gandhi Mortuary at 6.00 p.m. on 11.12.2011. His father took him to the Police Station at 5.00 p.m. on 11.12.2011, where, he gave Ex.P-1/ complaint and Police recorded his statement. He admitted to have stated to Police that he found the dead body of deceased in a pool of blood in the hall with stabbing injuries. He also admitted that the deceased and the sister of accused got separated on the advice of elders as they happened to be brother and sister by relation. He denied the suggestion that as there were disputes regarding money transaction between the deceased and the accused, he lodged a false complaint though the deceased was injured by someone else, but not by the accused.

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