KILLO DONNU Vs. STATE OF A.P.
HIGH COURT OF ANDHRA PRADESH
STATE OF A.P.
Referred Judgements :-
RAM PRAKASH SINGH VS. STATE OF BIHAR
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(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,
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