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IN THE HIGH COURT OF ANDHRA PRADESH, AMARAVATI
C. Praveen Kumar, Battu Devanand, JJ.
Shaik Abdulla, Guntur Dt. - Petitioner
Versus
State of A.P. - Respondents
Criminal Appeal No. 575 of 2014
Decided On : 10-03-2020
Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(2)(v) - Indian Penal Code, 1860 - Section 302 - Offence of Murder - Learned Special Sessions Judge-cum-IV Additional District Judge, convicted the accused under both the counts and sentenced him to suffer imprisonment for life and also to pay a fine in default, to suffer simple imprisonment for a period of three months - Appeal filed challenging the conviction - Held, The facts in the said case clearly indicate that there was a tussle and altercation between both the groups while trying to break open the lock by the deceased with a hammer and the accused physically preventing the deceased from doing so. In that process, the incident took place - Therefore, the facts in the said case are totally different from the case on hand - As seen from the record, all the four witnesses categorically deposed about the incident and the manner in which the accused caused the death of the deceased. In-fact, as stated earlier, there was quarrel before the incident - Evidence show that the deceased was resisting the manhandling and attack by the accused - Hence, we see no ground to interfere with the conviction and sentence imposed by the trial court - Appeal dismissed.
Facts of the Case:
PW1 & PW3 are the sisters of the deceased, while PW2 is mother of the deceased. PW4 is the Uncle of the deceased. All the family members were residing in 15th line in Narasaraopet Town. The deceased married one Subba Rao, which was a love marriage. After marriage, the deceased used to reside with PW1 and others from two years prior to her death as some matrimonial disputes occurred between the deceased and her husband. It is said that, PW1 along with her sister [deceased] used to go to a spinning mill situated in Kavuru village, to eke out their livelihood.
Finding of the Court:
The facts in the said case clearly indicate that there was a tussle and altercation between both the groups while trying to break open the lock by the deceased with a hammer and the accused physically preventing the deceased from doing so. In that process, the incident took place - Therefore, the facts in the said case are totally different from the case on hand - As seen from the record, all the four witnesses categorically deposed about the incident and the manner in which the accused caused the death of the deceased. In-fact, as stated earlier, there was quarrel before the incident - Evidence show that the deceased was resisting the manhandling and attack by the accused - Hence, we see no ground to interfere with the conviction and sentence imposed by the trial court
Result: Appeal dismissed.
JUDGMENT :
C. Praveen Kumar, J.
1. The sole accused in Sessions Case No. 19/S/2012 is the appellant herein. He was tried for the offence punishable under Section 302 IPC and under Sections 3(2)(v) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989. By its Judgment, dated 19.05.2014, the learned Special Sessions Judge-cum-IV Additional District Judge, Guntur, convicted the accused under both the counts and sentenced him to suffer imprisonment for life and also to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for a period of three months. Challenging the same, the present appeal came to be filed.
2. The gravamen of the charge against the accused is that, on 20.11.2011 at about 10.30 AM, at 14th lane of SRKT Colony, Narasaraopet, the accused caused the death of Mogili Bullemmayi, d/o. Venkateswarlu [‘deceased’] by cutting her throat with a blade.
3. The facts, as culled out, from the evidence of prosecution witnesses are as under:
(i)PW1 & PW3 are the sisters of the deceased, while PW2 is mother of the deceased. PW4 is the Uncle of the deceased. All the family members were residing in 15th line in Narasaraopet Town. The deceased married one Subba Rao, which was a love marriage. After marriage, the deceased used to reside with PW1 and others from two years prior to her death as some matrimonial disputes occurred between the deceased and her husband. It is said that, PW1 along with her sister [deceased] used to go to a spinning mill situated in Kavuru village, to eke out their livelihood. It is said that, the deceased developed illicit intimacy with the accused and that the accused used to follow the deceased while she was going to coolie work. The accused asked the deceased several times that he wants to talk with her, but the deceased refused the same as he was infected with AIDS. It is said that, a week prior to the date of incident, the deceased was beaten by accused, however, no report was given.
(ii)On 20.11.2011 i.e. on Sunday, while PW1 and deceased were in the house, they noticed the accused rambling around the house. At about 10.30 AM, the deceased went outside to get curd. Immediately, the accused followed the deceased. PW1 noticed the same; came out of the house and saw the accused following the deceased. She informed the same to the parents of the deceased. Accordingly, all of them came out to their house and followed the deceased. They noticed the accused beating the deceased and the deceased resisting his acts. At that time PW1 raised cries. On hearing the same and seeing PW1 to PW4 following the deceased, the accused cut the throat of the deceased with a blade. The said incident was witnessed by PW1 to PW4. After cutting throat of the deceased, the accused threw the blade and ran away from the scene. Though PW1 and others tried to catch hold of the accused, but, he escaped from the scene. Thereafter, they took the deceased to the house and tried to prevent oozing of the blood from the throat by tying a towel, but, it proved fatal. Immediately, they shifted the deceased to Government Hospital Narsaraopet where the doctor advised to shift the deceased to Government General Hospital, Guntur, as her condition was critical. Pursuant to the advise of the doctor, the deceased was shifted to Government General Hospital, Guntur, in ambulance, but the doctor declared her brought dead.
(iii) Basing on a report given by PW1, PW13-S.H.O. of Narsaraopet Police Station registered a case in Cr. No. 177 of 2011 under Section 302 IPC. Ex. P13 is the First Information Report. The FIR is said to have reached the Magistrate at 9.30 PM on the very same day. At 2.00 PM, PW14 – the Inspector of Police received a copy of the FIR and took up investigation. He visited the scene of offence along with mediators and prepared a panchanama of the scene of offence and also rough sketch of the scene vide Ex.P14 the rough sketch and Ex.P6 the scene observation report. After preparing the rough sketch and also the s
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