( 1 ) CRIMINAL Appeal no. 739 of 1999 is filed by the sole accused in Sessions Case No. 695 of 1997, who was tried by the First Additional Sessions judge, Warangal for an offence punishable under Section 302 IPC. On evidence the learned Judge has convicted him and sentenced him to suffer imprisonment for life and also to pay a fine of Rs. 5,000/- and in default to suffer simple imprisonment for one year. Whereas Criminal Revision Case no. 11 of 2000 is filed by the defacto complainant for enhancement of sentence. Both the cases arise out of Sessions Case no. 695 of 1997, they are disposed of by a common judgment.

( 2 ) THE gravamen of the charge against the accused was that on 6-2-1997 at about 9-00 p. m. the accused-appellant herein committed the murder of one Kothapalli madhava Rao at Chaitanyapuri Colony, kazipet.

( 3 ) THE prosecution case can briefly be narrated as follows: That the accused was working as a Medical Officer in regional Engineering College Campus dispensary at Warangal. The deceased was working as a Professor in Electrical and electronics Engineering in Regional engineering College, Warangal. PW1 happened to be the son of the deceased. PW10 happened to be the wife of the deceased. The deceased was suffering with heart pain and he was required to undergo Angioplasty about one and half year prior to the date of incident. The deceased used to visit the dispensary where the accused was working for regular check up and also for medicines. Whenever the medicines were not available in the dispensary, the deceased used to purchase medicines from the medical shops and used to present the medical bills to the accused for issuance of medical certificate to claim reimbursement. It is further stated that the accused was not certifying the medical bills submitted by the deceased with regard to the non-availability of medicines and he was harassing the deceased. The deceased alleged to have lodged a complaint with the Principal of regional Engineering College, Warangal. The deceased was the President of Regional engineering College Teachers Association and protested against the high handed action of the accused. It is said that on one occasion there was exchange of abuses between the accused and the deceased in the house of one Adinarayana Reddy, who was examined as PW17 in this case. At that time the accused alleged to have proclaimed that the would kill the deceased. It is said that PW1 went to the Regional Engineering college Club to question the accused and slapped him. On that, the accused told pw1 that he would see the end of the deceased.

( 4 ) ABOUT a week prior to the incident, the deceased informed PW1 that one person by name Ravi (PW20) informed him that the accused alerted him of being attacked as he looks like pw1.

( 5 ) ON 6-2-1997 the deceased went to the house of PW7, who was working as regional Enforcement Officer, Warangal. According to PW7, on the date of the incident, the deceased came to his house at about 7-40 p. m. and left his house at about 8-45 p. m. on a scooter. According to PW3, on 6-2-1997 at about 8-30 p. m. he went to the Games room situated near the Regional engineering College Petrol pump to meet his friends. PW3 requested PW2 to drop him on a bike to his house. PW2 was not having a bike. Therefore, he took the keys of the bike from his friend named B. Gavesh babu (PW16 ). PW2 was driving the motor cycle and PW3 was sitting as pillion rider. They went to Chaitanyapuri Colony and noticed that one scooter was being followed by one Fiat Car. The scooter and the car took a turn into a lane leading to Prashanthi nagar. PW2 also turned that way. The scooter stopped in front of the house of dr. V. Rama Rao, PW4. At that time the deceased got down and went towards the house of PW4. The accused was also got down from the car and beat the deceased on his back side of his head with a stick while the deceased was holding the gate of mr. Rama Rao (PW4 ). When PW3 asked the accused as to why he was bea

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