Decided on July 27,2019

Killo Donnu Appellant
STATE OF A.P. Respondents

Referred Judgements :-



J.UMADEVI,J.. - (1.)Assailing the judgment and conviction and sentence passed in S.C.No.97 of 2013, on the file of VII Additional Sessions Judge (Fast Track Court), Visakhapatnam, whereby the appellant was sentenced to suffer imprisonment for life and to pay fine of Rs.500.00 in default to suffer simple imprisonment for three months, the present appeal is filed by him.
(2.)The allegations made against the accused by the prosecution were that he killed the deceased Killo Gennu, to whom P.W.1 gave birth out of her wedlock with her former husband, before she contacted second marriage with him. The appellant though lost the right hand up to forearm, he was capable of attending to the work of cutting of fire wood and breaking the stones with his left hand. He was a drunkard and was habituated to take money forcibly from P.W.1, whom he married after the death of her former husband to meet his bad vices such as drinking etc. P.W.1 was blessed with two male children after her marriage with the accused. Though the deceased was staying with his maternal grand father, he was visiting P.W.1 frequently. About three months prior to the death of the deceased, P.W.1 along with the deceased went to Visakhapatnam to eke out their livelihood by doing collie work. During that time, the accused stayed at Attimala Village. On 12/2/2012, the accused went to Visakhapatnam and brought on P.W.1 and deceased to his house on 13/2/2012. On 14/2/2012 at 5.00 p.m, when the accused demanded P.W.1 to give money which she earned by doing coolie work, she said that she spent all the amounts she earned through coolie work for her needs; on that there was altercation between her and the accused. During the time of altercation accused enraged and gave a blow on her with reverse portion of MO.1 axe, but she could some how escaped from the said blow and that the blow fell on the deceased who was besides her and thus he died on the spot. After the said incident accused left the scene of offence leaving the axe there itself. Based on the complaint given by P.W.1, a case in Crime No.10 of 2012 was registered under Sec. 302 IPC against the accused and was investigated into.
(3.)The Sub Inspector of Police, Ananthagiri Police Station, to whom P.W.1 approached along with V.R.O, Konapuram Panchayat (P.W.4), to give a complaint, after registration of the case based on the written complaint she submitted, issued the express Ex.P.5 F.I.R and sent a copy of Ex.P.1 complaint and Ex.P.5 to the learned Magistrate and gave information about the registration of the case to the Circle Inspector of Police, Araku. Immediately after getting the information about the registration of the case, the C.I of Police P.W.6 rushed the scene of offence and posted a constable to safeguard the scene of offence. Upon securing the presence of the P.W.4 Korra Jagannadham, who scribed the complaint and another panch witness L.W.10, P.W.6 observed the scene of offence and prepared its rough sketch under Ex.P.6 and seized the blood stained earth from the scene of offence. He also seized the crime weapon M.O.4 under the cover of Ex.P.2, observation panchanama, of the scene of offence in the presence of P.W.4 and others and got the scene of offence photographed with his digital camera. P.W.6 held inquest over the dead body of the deceased and found one injury on the rear portion of the left side of the head of the deceased swelling over the jaw. He recorded the statements of P.Ws.1, 2, L.W.2 J. Ramu, L.W.6 B. Rama Chandar and S. Appanna L.W.7 and also the statement of P.W.4. During the course of inquest held over the dead body of the deceased. After completion of the inquest over the dead body of the deceased, he forwarded the dead body to the Medical Officer for the purpose of autopsy. The material objects seized from the scene of offence were sent to F.S.L and the accused was arrested by the C.I of Police, 16/2/2012

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