JAKKUVA SEETHAYYA ALIAS BUDDAYYA Vs. INSPECTOR OF POLICE PARVATHIPURAM TALUK P S
LAWS(APH)-1992-3-50
HIGH COURT OF ANDHRA PRADESH
Decided on March 16,1992

JAKKUVA SEETHAYYA @ BUDDAYYA Appellant
VERSUS
INSPECTOR OF POLICE, PARVATHIPURAM TALUK P.S. Respondents

JUDGEMENT

N.D.Patnaik, J. - (1.)This appeal is filed by both the accused in Sessions Case No.41 of 1990 on the file of the Court of the Additional District & Sessions Judge, Vizianagaram. A-1 is the son of A-2 three charges were framed against the accused. The first charge is under Section 382 r/w Section 34 of the Indian Penal Code on the ground that on 4th October, 1989 at about 11-30 a.m., the accused committed theft of gold ornaments (ear rings) worth about Rs.400/- belonging to the deceased Palila Thavudamma, who was aged about 11 years after having made preparation for causing her death. The second charge is that the accused intentionally caused the death of the said Thavudamma, an offence punishable under Section 302 of the Indian Penal Code r/w Section 34 of the Indian Penal Code and the third charge is that the accused buried the dead body by covering the grave with teak twigs and leaves with an intention to screen the offence thereby committing an offence punishable under Section 201 r/w Section 34 of the Indian Penal Code. Both the accused pleaded not guilty to the charges framed against them.
(2.)The prosecution case, in brief, is that on 4th October, 1989, the deceased Palila Thavudamma left her house at about 10-00 a.m., after taking food and went to the field of one Palila Appalaswamy for the purpose of collecting dry wooden sticks; that the accused were working in the said field; that A-1 caught hold of her, removed her gold ear rings and throttled her to death. After her death, both the accused buried her between the fileds of Sangireddi Venkata Rao and Penda Satyam Naidu. P.W.I who is the father of the deceased gave a report Ex.P-1 to the Sub-Inspector of Police, Parvathipuram Taluk Police Station on 5-10-1989 reporting about the missing of his daughter on which the F.I.R. was registered by P.W.16, the Sub-Inspector of Police. After the dead body was traced on the next day, the F.I.R. was altered into one under Section 302 of the Indian Penal Code and other provisions of law. After completing the investigation, the charge-sheet was filed.
(3.)The prosecution has examined 18 witnesses in support of its case. P.W.1 is the father of the deceased who spoke about the fact of missing of his daugher and the fact of his giving a complaint to the Sub-Inspector of Police regarding the same. P.W.3 Palila Appala Swamy who belongs to Gopalapuram village says that he owns Ac.1-00 of dry land in which he generally raises jute crop. One year prior to his evidence, on a Wednesday, he came to know that a girl by name Thovudamma, daughter of P.W.I was not traced. He stated that he entrusted A-1 and A-2 to remove jute from his field for wages. Accordingly, A-1 and A-2 went to the jute field on the Wednesday to remove the jute crop. P.W.4, who is the farm servant under P.W.3, stated that on that Wednesday, when Thovudamma was missing, at about 11-00 a.m., or 12 noon, he saw her near the Tamarind tree while he was going after bundling the jute crop in the field of his master i.e., P.W.3. He further stated that A-1 and A-2 were removing the jute crop in the jute field of P.W.3 while he was going to his house to take meals and that the deceased Thovudamma was coming in the opposite direction.
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