Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to to present this Memorandum of Grounds of Criminal Appeal against the judgment dt.30.11.2017 passed in Sessions Case No.108 of 2016 on the file of the District and Sessions Judge, Visakhapatnam.

IA NO: 1 OF 2018

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to condone the delay of 185 days in filing the Criminal Appeal before this Honble Court and pass

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the execution of the sentence, judgement passed on 30th, November, 2017, in SC no. 108 of 2016 on the file of Principal District & Sessions Judge, Visakhapatnam and release the petitioner on bail, pending disposal of the above criminal appeal no. 2417 of 2018, and pass

Counsel for the Apellant:

1.G VIJAYA SARADHI

2.000

Counsel for the Respodent:

1.PUBLIC PROSECUTOR (AP)

The Court made the following:

CRIMINAL APPEAL No.2417 of 2018

JUDGMENT: (Per Hon’ble Sri Justice A. Hari Haranadha Sarma)

Introductory:

The appellant herein is the sole accused in Session Case No.108 of 2016 on the file of the Principal District and Sessions Judge, Visakhapatnam. He was tried and convicted for the charge under Section 302 IPC and sentenced to suffer imprisonment for life and to pay fine of Rs.2,000/- and in default of payment of fine, directed to suffer simple imprisonment for a period of one month under the judgment dated 30.11.2017. The said conviction and sentence are questioned in this appeal.

Case of the prosecution:

2(i). One Kaki Rambabu (hereinafter referred to as “the deceased”) is the son of P.W.1-Kaki Nookaraju and friend of the accused. On 05.08.2013, accused and deceased attended the birthday function of the son of P.W.4. The mobile phone of the accused was missing, for which the accused suspected the deceased and there was an altercation between the deceased and the accused. They abused each other touching the characters of ladies of their respective family members. P.W.4, P.W.5 and another L.W.8-Pithani Srinu @ Srinivasa Rao interfered and pacified the matter and sent them to their respective houses at 11:30 p.m. from the house of P.W.4.

(ii). At about 12:00 midnight, the accused and the deceased on the way to their houses again quarreled with each other. Houses of both of them are in near vicinity. The accused brought a knife from his house and hacked the deceased on the head, causing a cut injury. Then, the deceased raised loud cries. On hearing the cries, the parents of the deceased, P.W.1-Kaki Nookaraju and L.W.2-Kaki Nookalamma and neighbours P.W.3, P.W.6 and L.W.10-Kadagala Parvathi rushed to the scene of offence and noticed the accused holding the knife with blood stains. P.W.3 removed the knife from the hands of the accused. Then the accused escaped from the spot. The deceased was shifted to NTR Hospital, Anakapalli, in the Auto of P.W.2-Kaki Ramana for treatment.

(iii). P.W.12 gave first aid to the deceased and referred him to KGH, Visakhapatnam, for better treatment. But, the deceased was shifted to Kala Hospital, Visakhapatnam. On receipt of information from Kala Hospital, Visakhapatnam, P.W.14 visited the hospital and noticed the deceased in a critical condition. Then he recorded the statement of P.W.1 vide Ex.P1 and registered a case in Crime No.109 of 2013 for the offences under Sections 324 and 506 IPC on 06.08.2013 at about 21:00 hours vide FIR-Ex.P9.

(iv). During the course of investigation, P.W.14 examined witnesses P.W.1, Kaki Nookalamma and P.W.2 and recorded their detailed statements and visited the scene of offence. He has examined the scene of offence in the presence of P.W.7 and L.W.12-Kaki Appalaraju and seized the crime weapon i.e. the knife with blood stains, und