2026:APHC:38443 APHC010247512018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3514]

(Special Original Jurisdiction)

THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL APPEAL NO: 1155/2018 Between:

PUSHADAPU SUBRAHMANYAM, R/O.ALAPARRU VILLAGE, NAGARAM MANDAL, GUNTURU DISTRICT.

...APELLANT AND THE STATE OF AP, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of AP ...RESPODENT Counsel for the Appellant:

1.J KUSUMAVATHI Counsel for the Respondent:

1.PUBLIC PROSECUTOR (AP)

The Court made the following:

JUDGMENT : (Per Hon’ble SriJusticeK.SureshReddy)

Sole accused in Sessions Case No.520 of 2016 on the file of the Court of XI Additional District and Sessions Judge, Tenali, is the appellant. He was tried by the learned Additional District and Sessions Judge under Section 302 IPC.

2. Substance of the charge is that on 17.07.2015 at about 3.00 A.M., the accused hacked one Mandali Narasimha Rao (hereinafter referred to as ‘the deceased’) on his left shoulder and left side of the chest with a big knife causing his death, thereby committed an offence punishable under Section. 302 IPC.

3. After completion of trial, learned Additional Sessions Judge convicted the accused under Section 302 IPC and sentenced him to suffer imprisonment for ‘LIFE’ and also to pay a fine of Rs.1000/-, in default, to suffer simple imprisonment for a period of one month. Aggrieved by the same, the accused/appellant filed the present appeal. 4. 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 Alaparru Village, Nagaram Mandal. The deceased was also residents of the same village. P.Ws.1 and 2 are none other than the daughters of the deceased. P.Ws.3 and 4 are the neighbours of the deceased. The accused frequently used to quarrel with his wife in drunken state. The deceased and the neighbours used to pacify them, for which the accused bore grudge against the deceased. On

16.07.2015, the deceased returned to the village at about 11.00 P.M. after getting repair to his tractor. At that time, he saw the accused sitting by the side of the road. The deceased casually questioned the accused whey he sat there, on that odd hour, for which the accused got irritated and started abusing the deceased in filthy language. Then P.Ws.1 to 4 and others intervened and took away the deceased to his house. At that juncture also, the accused threatened the deceased with dire consequences and went inside the house. P.Ws.1 to 4 saw the wife of accused going away from his house as he was beating her. On the same night, the deceased along with his family members slept on cots in front of the house. At about 3.00 A.M., P.Ws.1 and 2 and the deceased woke up as it was raining. Then the deceased went into the tractor shed and slept there on a cot. P.Ws.1, 2 and their mother were sitting in front of the house. The distance between the house and tractor shed is about 10 yards. After ten minutes, the accused went to the deceased with a big knife and hacked him stating that “why are you interfering in my family matters”. On hearing the cries, P.Ws.1 to 4 rushed to the spot and found the accused hacking the deceased. When they tried to catch hold of the accused, he escaped from the scene. Immediately, the injured was shifted to Community Health Centre, Repalle in 108 ambulance.

(ii) While undergoing treatment, the deceased succumbed to injuries at about 5.20 A.M. on the same day. Having received intimation-Ex.P6 from the hospital, P.W.8-Head Constable, Repalle Police Station, went to the hospital and recorded a statement-Ex.P1 from P.W.1. He forwarded Ex.P1 and death intimation to Nagaram Police Station on the point of jurisdiction. P.W.9-the Head constable, Nagaram Police Station received Ex.P1 at about 7.