JUDGMENT :

(T. Mallikarjuna Rao, J.)

1. The appellant herein is the accused in Sessions Case No.45 of 2011, who faced the trial for the offences punishable under Sections 302, 326 and 324 Indian Penal Code (for short IPC). By its Judgment dated 20.03.2013, the learned II Additional District and Sessions Judge, Amalapuram, convicted the accused for the offences punishable under Sections 302, 326 and 324 IPC. The accused was found not guilty of the charge under Section 307 IPC and acquitted. The trial Court convicted and sentenced the accused to undergo imprisonment for life and also pay of fine of Rs.5,000/- in default of the payment of the fine amount, he shall undergo simple imprisonment for the offence under Section 302 IPC, further sentenced to undergo rigorous imprisonment for three years, also pay a fine of Rs.2,000/- in default of payment of fine amount, he shall undergo simple imprisonment for three months for the offence punishable under section 326 IPC for the injuries caused to PW.1 – Thote Chellayamma. Further sentenced to undergo rigorous imprisonment for six months and also to pay a fine of Rs.500/- in default of the payment of the fine amount, he shall undergo simple imprisonment for two months for the offence punishable under section 324 IPC for the injuries caused to PW.1 and PW.2 – Thote Rajesh; the above sentences shall run concurrently.

2. The substance of the charges against the accused is that on 21.09.2010 at 07.00 PM at canal bund in Battelanka Village, murdered Thote Srinivas (hereinafter referred to as 'deceased') by hacking with a knife on the right side of his neck and also hacked Thote Chellayamma -- PW.1 and Thote Rajesh -- PW.2 with a knife made an attempt to commit murder.

3. In brief, the case of the prosecution’s case is that :

a) The accused and PWs.1 and 2 are residents of Battelanka Village. The deceased was doing cultivation and eking out his livelihood. He was an active member of Yuvajana Sangam in Battelanka village. The members of the Yuvajana Sangam used to keep a whistle on the antisocial elements. They caught the accused twice when he was harassing and forcing a woman to do prostitution. They placed the matter before elders PW.6 – Geddama Mohana Madhu Babu, PW.7 – Undru Prasad, LW.11 – Thote Krishna and LW.12 – Moka Venkata Ramana. The elders admonished the accused. The accused made up his mind to do away with the deceased's life and tried several times, but he could not succeed.

b) On 21.09.2010 at 07.00 PM, the accused noticed that the deceased had gone home, and with a predetermined mind, he secured a knife concealed behind his back and began proceeding to the deceased’s house. After crossing the bridge, while going along the canal, the accused was shouting. On hearing the same, the deceased came onto the canal bund. The accused abruptly pounced upon him and hacked on the right side deceased neck with a curved knife. The deceased sustained a bleeding injury, collapsed on the road, and succumbed to injuries.

c) Simultaneously, on hearing the shouts of the accused, PWs.1 and 2 and the younger brother of the deceased also came out. When they approached the deceased, the accused made an attempt on their lives by hacking them with the same knife indiscriminately and escaped with the knife. PWs.1 and 2 were taken to Community Health Center, Razole, for treatment, where PW.1 gave Ex.P1 statement to Razole Police, who in turn sent the report to Malikipuram Police Station and they registered the crime, based on the statement of PW.1 as a case in Cr. No.93 of 2010 under Sections 302, 307 IPC. PW.14 – Sri.N.Rajarao, Inspector of Police, took up further investigation and laid the charge sheet on the completion of the investigation against the accused.

4. The 1st Additional Judicial First Class Magistrate has taken on file as PRC No. 31 of 2010. On appearance, furnished the copies of the documents to the accused under Section 207 Cr. P.C. and committed the case to the Sessions Court. Based on the