APHC010253232017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3517]

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL APPEAL No.805/2017 Between:

C.Nagaraja, Chittoor Town., ...APPELLANT AND The State of A.P., Rep. by its P.P. ...RESPONDENT Counsel for the Appellant:

1. G VIJAYA SARADHI Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) The Court made the following:

JUDGMENT: (Per Hon’ble Sri Justice K.Suresh Reddy)

The sole accused in S.C.No.64/2016 on the file of Court of learned VIII Additional District & Sessions Judge, Chittoor, is the appellant. He was tried by the learned Additional Sessions Judge under two charges. First charge was under Section 302 IPC and second charge was under Section 307 IPC.

2. Substance of the charge against the accused is that on 17.07.2015 at about 9.30 P.M., the accused stabbed one S.Tulasiram (hereinafter referred to as ‘the deceased’) with a knife causing severe injuries and in the said process, he caused injuries to PWs 4 & 5, thereby committed offence punishable under Sections 302 and 307 IPC.

(a) After completion of trial, the learned Additional Sessions Judge convicted the appellant under Section 302 IPC and sentenced him to suffer imprisonment for LIFE and also to pay a fine of Rs.1,000/-, in default to suffer Simple Imprisonment for a period of one month. He was further convicted under Section 307 IPC and sentenced to suffer Rigorous Imprisonment for a period of five years and also to pay a fine of Rs.500/-, in default to suffer Simple Imprisonment for one month.

3. Case of the prosecution, briefly, is as under:

The accused and the material prosecution witnesses are residents of Santhapeta, Chittoor Town. PW.1 is the brother and PWs 4 and 5 are friends of the deceased respectively. PW.6 is the mother and PW.7 is the sister of PW.4. PW.2 owning a house in Nagalamma Temple street with five portions. PWs 4, 6 & 7 were living in one portion and the accused was living in another portion as tenants. The deceased was working as an Auto driver and living with his brother PW.1. The accused was working as a Mason. PW.4 was having a pet dog in his house. It is alleged that the said pet dog was making nuisance in the street. The accused and others informed PW.2, owner of the house, but in vain. On that, a quarrel took place between the accused and PW.4 and her family members. In that connection, on 17.07.2015 at about

9.15 P.M. also, a quarrel took place in between the accused and PW.4. During the course of quarrel, PW.4 telephoned to the deceased and PW.5 and informed about the quarrel. Having received phone call from PW.4, the deceased and PW.5 came to the scene and the quarrel was continuing. During the course of quarrel, the accused took out a knife and stabbed PW.4. When the deceased tried to rescue PW.4, the accused also stabbed the deceased and PW.5 with the same knife. On hearing the cries, PW.1 came to the scene of offence. PWs 6 and 7 also came to the scene of offence. After seeing all of them, the accused left the scene of offence. PW.1 enquired the deceased, who informed him the entire incident. Thereafter, PWs 4 & 5 and deceased were shifted to Government Hospital, Chittoor for treatment. Thereafter, all the three were shifted to the CMC Hospital, Vellore. On the way to hospital, Vellore, the deceased succumbed to injuries. At about 01.00 A.M., on 18.07.2015, PW.1 went to the Police Station and gave a report to police. PW.13 Sub-Inspector of Police, Special Branch, Chitoor, received Ex.P1 from PW.1 and registered a case in Cr.No.127/2015 under Sections 302 & 307 IPC and issued copies of F.I.R. to all the concerned. Ex.P8 is the F.I.R. Having received information from PW.13, Inspector of Police PW.14 proceeded to the scene of offence at about 05.15 A.M. He prepared an observation report Ex.P3 in the presence of mediators PW.10 and anoth