IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THIS THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE SPECIAL DIVISION BENCH PRESENT HONOURABLE SRI JUSTICE K.SURESH REDDY And HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL No.2170 of 2018 JUDGMENT: (per Justice K.Suresh Reddy The sole accused in S.C.No.93 of 2018 on the file of the Court of learned XIII Additional District and Sessions Judge, Narasaraopet, is the appellant. He was tried and convicted by the learned Additional Sessions Judge under Section 302 IPC and was sentenced to suffer imprisonment for “life” and also to pay a fine of Rs.1,000/- (Rupees one thousand only), in default, to suffer simple imprisonment for three (03) months.

2. Substance of the charge is that, on 11.07.2017, at about 07.30 AM, the accused hacked one Bhukya Rupla Naik (hereinafter referred to as “deceased”) on the backside of right ear with an Axe, 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 as well as the prosecution witnesses are residents of Bridge Tanda, Kanumalacheruvu Panchayat, Bollapalli Mandal, Guntur District. The deceased was also resident of same village. PW.1 is the elder brother of the deceased and PW.2 is the son of PW.1. PW.4 is relative of the deceased. PW.5 is the nephew of the deceased. PW.3 is the resident of neighboring village. It is alleged that the deceased used to do witchcraft in the village and there were rumors that due to the witchcraft of the deceased, the father of the accused was suffering from tuberculoses, for the last five (05) years and the elder brother of the accused died about 2 ½ years back in a road accident. Due to which, the accused developed grudge against the deceased and was waiting for an opportunity.

ii) While so, in the early hours of 11.07.2017, the accused went to his fields to remove the bushes around the tomb of his brother. On the same day morning, PW.1 and the deceased went to their fields. PW.1 and the deceased were returning from the fields at about 07.30 AM. The deceased was proceeding ahead of PW.1 and the accused was removing bushes near the tomb. At that juncture, the accused noticed the deceased coming on the road. Immediately, the accused hacked the deceased on the back side of the neck with an Axe and went away. PW.1 having witnessed the incident, went to the deceased and tried to shift him to the hospital. PW.3 who was proceeding with a trolley auto rickshaw bearing registration No.AP27 TW 8485 stopped the vehicle and witnessed the incident. The accused said to have threatened PW.3 with dire consequences, if he reveals the incident to anyone. As such, PW.3 left the place, without informing anyone. The accused also went to his fields. Having witnessed the incident, PW.1 went to the Police Station and gave a report. PW.11-the then Sub Inspector of Police, Bandlamottu Police Station received Ex.P1 report from PW.1, at about 10.00 AM on 11.07.2017. PW.1 in his report has stated that while the deceased was proceeding to his house from the fields, a trolley auto rickshaw bearing registration No.AP27 TW 8485 driven by PW.3 came in a rash and negligent manner and hit the deceased from the back side Due to which, the deceased fell down and died on the spot. On the basis of said Ex.P1-report, PW.11-the then Sub Inspector of Police registered a case in Crime No.654 of 2017 for the offence under Section 304-A IPC. He issued copies of FIR to all the concerned. FIR was marked as Ex.P10. He visited the scene of offence situated near Bridge Thanda Village and found the dead body. He prepared an observation report-Ex.P5, in the presence of PW.9 & another. He also prepared rough sketch-Ex.P11, at the scene of offence. He also photographed the scene of offence under Ex.P12. He held inquest over the dead body in the presence of PW.9 & another. Inquest report is marked as Ex.P3. Durin