M. PAUL Vs. STATE REP. BY INSPECTOR OF POLICE
HIGH COURT OF ANDHRA PRADESH
STATE REP. BY INSPECTOR OF POLICE
Referred Judgements :-
JARAPALA DEEPALA @ BABU RAO AND OTHERS V. STATE OF A.P
MIDDELA PARVAIAH V. STATE OF A.P.
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C.PRAVEEN KUMAR, J. -
(1.)The sole accused in Sessions Case No.259 of 2011 on the file of VIII Additional District and Sessions Judge (Fast Track Court) at
Chittoor, is the appellant herein. He was tried for the offence
punishable under Ss. 302 and 404 of Indian Penal Code (for
short "I.P.C."), for causing the death of deceased T.Suresh. By his
judgment dtd. 21/10/2011, the learned VIII Additional District and
Sessions Judge (Fast Track Court), Chittoor, convicted the accused
and sentenced him to suffer imprisonment for life and also to pay a
fine of Rs.1000.00 in default to suffer rigorous imprisonment for three
months for the offence punishable under Sec. 302 of I.P.C. and the
accused was further sentenced to suffer rigorous imprisonment for
two years and to pay a fine of Rs.500.00 in default to suffer rigorous
imprisonment for a period of one month for the offence punishable
under Sec. 404 of I.P.C.
(2.)The facts as culled out from the evidence of prosecution witnesses are as under:-
(3.)P.W.1 - T.Sudhakar is the brother and P.W.2 - M.Thangaraj is the father of the deceased - T.Suresh and they were living in
Pernambut village, Gudiyatham Taluk. The deceased was working in
Royal Agro Dairy Limited at Pernambut. On 23/10/2010 at about
09.15 a.m. the deceased left on his motor cycle to go to his office, but did not return home and his mobile phone was also switched off.
P.W.1 and his family members searched for the deceased but could
not trace him. On 26/10/2010 at about 12.00 noon, they came to
know about a dead body near Nayakaneri Forest. P.W.1 and his
family members went there and found the dead body of the deceased
with head injury. They found the deceased with a banian and
underwear and his shoes were found lying near the dead body. P.W.1
went to V.Kota Police Station and lodged a report Ex.P.1, basing on
which the S.I. of police, V.Kota registered a case in Crime No.129 of
2010 under Sec. 302 of I.P.C. and issued Ex.P.13-F.I.R. 3. On 26/10/2010, P.W.12 - C.I. of police proceeded to the scene and held inquest over the dead body of the deceased in the presence
of P.W.3 and another. Ex.P.2 is the inquest report. P.W.12 also
prepared Ex.P.14, the rough sketch of the scene and seized M.O.9-
blood stained earth and M.O.10-controlled earth and M.Os.2 to 4 viz.
Banian, Drawer and Leather shoes (2 in number). He also got
photographed the dead body of the deceased. Ex.P.15 is the photos of
the deceased. On 26/10/2010, P.W.10 - Dr.V.Ravisankar Babu,
conducted autopsy over the dead body of the deceased and opined
that the cause of death was due to head injury. Ex.P.9 is the Post-
mortem report. On 27/10/2010, P.W.12 gave a requisition to S.D.P.C.
Gudiyatham of Vellur District regarding identification of I.M.E.I. of
mobile phone of the deceased.
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