IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THIS THE SIX DAY OF JANUARY TWO THOUSAND AND TWENTY SIX SPECIAL DIVISION BENCH PRESENT HONOURABLE SRI JUSTICE K.SURESH REDDY And HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL No.1624 of 2018 JUDGMENT: (per Justice K.Suresh Reddy Sole accused in Sessions Case No.76 of 2016 on the file of the Court of XII Additional District & Sessions Judge-cum-VI Additional Metropolitan Sessions Judge, Vijayawada is the appellant. The Appellant was tried and convicted by the learned Additional Sessions Judge under Section 302 IPC and sentenced to suffer rigorous imprisonment for “Life” and also to pay a fine of Rs.2,500/- (Rupees two thousand and five hundred only), in default, to suffer simple imprisonment for two (02) months.

2. Substance of the charge is that at about 04.00 AM on 20.10.2015, the accused attacked one Shaik Chan Basha (hereinafter referred to as “deceased”) with a soda bottle and beat him on head and face indiscriminately, causing his death, thereby committed an offence under Section 302 IPC.

3. Case of the prosecution, as emanated from the evidence of prosecution witnesses, briefly, is as follows:

i) The accused and the material prosecution witnesses are residents of Vijayawada. PW.1 is father, PW.2 is wife and PW.4 is friend of the deceased respectively. Deceased was working in cable TV as Manager. Earlier, the deceased was involved in a number of criminal cases and a rowdy sheet was opened against him at I Town Police Station, Vijayawada. While so, on 19.10.2015 at about 08.00 PM, the deceased went out and did not return home on that night. On the next day, i.e., on 20.10.2015, at about 04.00 AM, a boy by name Sunkara Srikanth (LW.7) went to the house of PW.1 and informed him that the accused beat the deceased with a soda bottle on his head, while he was going on a motorcycle in Sivalayam Street, Radham Centre, I Town, Vijayawada.

ii) Immediately, PW.1 along with PW.4 went to Sivalayam Road and came to know that the deceased was shifted to the Government General Hospital, Vijayawada in 108-Ambulance and then, they went to the Government Hospital and found the dead body of the deceased. Thereafter, PW.1 went to the Police Station and gave a report. PW.10-the then Sub Inspector of Police, I Town Police Station received Ex.P1-report from PW.1 at about 08.00 AM on 20.10.2015 and registered a case in Crime No.256 of 2015 under Section 302 IPC. He issued copies of FIR to all the concerned. FIR is marked as Ex.P7. On the same day, at about 09.00 AM, PW.13-the then Inspector of Police, Bhavanipuram Police Station took up investigation. He secured the presence of PW.8, PW.10 and staff and examined the scene of offence located at Radham Centre, situated infront of Corner Pan Shop. He seized blood strained clothes-MO.4 and blood stained control earth- MO.5, broken glass piece of soda bottle-MO.1. He also got the scene of offence photographed through PW.11. Photographs were marked as Exs.P8 and P9. He prepared an observation report Ex.P5 in the presence of PW.8. He also prepared Ex.P14-rough sketch at the scene of offence. From there, PW.13 visited the Government General Hospital, Vijayawada and held inquest over the dead body in the presence of PW.9 and others. He seized the clothes Mos.6 and 7 belonging to the deceased. Inquest report was marked as Ex.P6. He recorded statements of PW.1 to PW.4 and others. He sent the dead body for postmortem examination.

iii) PW.7-the then Assistant Professor, Government General Hospital, Vijayawada conducted autopsy over the dead body and opined the cause of death was due to head injury. He issued postmortem certificate Ex.P4.

iv) On 23.10.2015, PW.14-Inspector of Police, I Town Police Station took up further investigation and on 03.11.2015, on credible information, PW.14 went to the house of accused and arrested him in the presence of PW.6 and another. The accused said to have confessed about commission of offence. On the confession m