M. PAUL Vs. STATE REP. BY INSPECTOR OF POLICE
LAWS(APH)-2019-7-57
HIGH COURT OF ANDHRA PRADESH
Decided on July 11,2019

M. Paul Appellant
VERSUS
STATE REP. BY INSPECTOR OF POLICE Respondents


Referred Judgements :-

JARAPALA DEEPALA @ BABU RAO AND OTHERS V. STATE OF A.P [REFERRED TO]
MIDDELA PARVAIAH V. STATE OF A.P. [REFERRED TO]


JUDGEMENT

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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