IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

FRIDAY, THE SIXTEENTH DAY OF SEPTEI\,IBER

TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE M.LAXMAN

AND

THE HONOURABLE SMT JUSTICE M.G.PRIYADARSINI

CRIMINAL APPEAL NO: 378 OF 2014

Criminal Appeal filed Under Section 374 12) o't Code of Criminal Procedure

against the Judgment dated.10.02.2014 passed in SC No.580 of 20 ¹ 3 of the file of

the Court of the Judge, Family Court-cum-Vlll Additional Sessions Judge, at

Mahaboobnagar.

Between:

Wadde Venkatesh @ BottuSatyam, S/o

Mahaboobnagar

Wadde Eswaraiah. Occ. Painter

...Appella nUAcc used

AND

Counsel for the Appellant: Ms. AMMAJI NETTEM

Counsel for the Respondent: PUBLIC PROSECUTOR

It is ordered as follows:

The State of Andhra Pradesh, represented by its Public Prosecutor, Hrgh

Court of Andhra Pradesh, Hyderabad

... Res po n de n UC om p la ina nt

CR MIINAL APPEAL No.378 OF iIO].II

JUDGMENT: (pe l{on'ble Si Justice M.Laxman)

This crimi: ral appeal is filed against the jucllnerrt dated

LO.O2.2OL4 in S:s;sions Case No.580 of 2013 on t[rr: fie of the

Judge, Family Court-cum-VIII Additional Sr:r;sir:ns Judge,

Mahabubnagar, ',r,hereunder the appellant was convictel for the

offence under Section 302 of IPC and sent e n,:ed to life

imprisonment a r(l to pa1' a fine ol Rs.S,OOO/- an,l in d:fault, to

undergo a simp : rmprisonment lor three monthl;.

2.

The case r: the prosecution, in brief, is tha.t ^(,-l 23.70.2012

at about 11.30 pm., there was a quarrel among <leceesed No. I

(Boyalagudem lppari Ramakrishna), deceased N:.2 (rnknown

person) and th ' accused. The dispute was orr e.ccount of the

deceased utteri rg the accused to verify the availalrility of arrack

by calling hrm is ^'gundrrga', for rvhich, the accust:rl felt insulted

and took a tick (M.O. 1) and caused the .tead injuries;

resultantl-1,, b< Lh the deceased died instantanec,us y.

This

incident 'uvas ^, .'itnessed by lr.W. I while he lr€Ls, goi.rg to his

home. The acc rsed, having sec:n P.W.l, ran awa-y vvith the stick.

On thc basis c the said allegation, the FIR ^..vaLs initially issued

I

THE ION,BLE SRI JUSTICE M,LAXTT/I$

AND

THE HON':lLE SMT. JUSTICE M.G.PRIYAD}.R.SIIU

2

ar-ld subsequently, charge sheet was laid against the accused for

the oifence under Section 3O2 of IPC.

3.

Upon committal, the trial Court framed charges under

Section 302 against the accused. The accused denied the

chai-ge and claimed to be tried.

4.

The prosecution, to support its case, examined P.Ws. i to

12 and gct marked Exs.P. I to P. 15 and IvI.Os.l to 5. The

accused has not produced aly evidence and denied ^the

ir.rcriminating material.

5.

After appreciating ^{the evidence brought on record, the trial}

court found ^{the accused guilty for the said charge. Acco'r'dingly'}

thc trial Court ^{convicted and sentenced the appellant trs}

aforestated. ^{challenging the same, the present appeal came to}

be filed.

6.

HearC ^{both sides'}

7.

Learned ^{counsel for the appellant/ accused contendeci that}

the trial ^{Court has not considered the truthfulness of thc}

statcment ^{of P'W' 1 with regard tc identify of the accused in the}

light ^{of his admission in the cross examirlation that there was}

no ^{street light at the place of incident and that in test}

identification ^{parr'd.' there was no proper selection of}

3

non-suspect witb the suspect. Further, the ^{evidcrrr:e of P.W.12}

with regard to c.,mplexion of the suspect and hair ^gro"vth are

not matching w r:h the accused since the identifl' pa: ticulars

given by P.W. 1 n the First Information Report u't:re ,rnly the

dark complexior and shaved head. It is also her conten-ion that

the Police have taken the photographs of the acc-rsed through

P.W.7 and therr was scope for the Police to sho',rr ro P.\V.1 as to

the identity of the accused before he was subiecte,i to test

identification p uade. It is her further contention ttrat p.W.S, in

his evidence, s ated that r.r,hen he went to the scr:ire of offence to

take the photr graphs, the place was dark. F,ccordir.g to him,

ex