THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.505 of 2008 09-10-2014 BETWEEN:
Devarakonda Krishtaiah @ Nathodu …..Appellant/accused AND State of A.P., Rep. by the Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of A.P.
…..Respondent THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.505 of 2008 JUDGMENT:
The Criminal Appeal is preferred by the appellant/accused challenging the Judgment dated 20.08.2007 passed in S.C. No.243 of 2006 by the Court of Sessions, Prakasam District, at Ongole, whereby the learned Judge convicted the appellant/accused for the offence under Section 304-B Part II IPC and accordingly sentenced him to undergo rigorous imprisonment for a period of six years and further convicted and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.100/- (Rupees one hundred only) for the offence under section 404 IPC.
The case of the prosecution is as follows:
That on 07-02-2006, at about 12 noon, the accused went to MPP elementary school and stood before the school waiting for the departure of the deceased from the school and at about 1.00 p.m., as the deceased did not leave the school, he called the deceased with the plea to get meat of cutting pig in the mango grove, which is situated at a distance of about ½ KM from the school and took her there. While the deceased was proceeding with the accused, the same was witnessed by P.Ws.4 to 9. When the accused took the deceased to the mango grove, the deceased asked him where the pig was cutting and then the accused tried to snatch away the gold chain from the neck of the deceased and a scuffle took place between them and in that juncture, the deceased bite the right thumb of the accused and also scratched the face with her nails and then the accused took a babul tree stick and beat on her head due to which, the deceased fell down and then the accused took a stone nearby and beat her with it on her head, due to which the deceased succumbed to death. Then, the accused took gold chain from her neck. The accused dragged the deceased to the bushes nearby and also hidden the blood stained stick and stone in the bushes and went away. On 09.02.2006, at about 4.00 p.m., when P.W.3, who is a shepherd, went to a canal nearby the scene with his grazing sheep, he noticed the dead body, came to the village and informed to P.W.1 and others, who went there and identified the female dead body of the deceased. Basing on the complaint lodged by P.W.1, a case was registered against the accused for the offence under Section 302 IPC. After completion of the investigation, charge sheet was filed.
To substantiate the case of the prosecution, the prosecution examined P.Ws.1 to 18 and marked Exs.P.1 to P.23 were marked. D.W.1 was examined on behalf of the accused, but no documentary evidence was marked.
The learned trial Judge on appreciation of evidence, and on hearing oral submissions on both sides, having found the appellant/accused guilty for the offences under Sections 304 Part-II IPC and 404 IPC, convicted and sentenced him as stated above. Aggrieved by the same, the appellant/accused has preferred the present appeal.
Heard and perused the entire material available on record.
At the time of hearing of appeal, the learned Public Prosecutor submits that the appellant/accused has already served the entire sentence.
On perusing the entire material available on record, this Court is of the view that the Court below has considered the evidence in proper perspective and the reasoning given while convicting the appellant/accused is also in accordance with law. The Judgment of the trial Court does not suffer from any perverse findings and the same needs no interference by this Court. The criminal appeal fails and is liable to be dismissed.
The Criminal Appeal is accordingly dismissed. Miscellaneous applications, if any pending in this appeal, shall stand dismissed.
JUSTICE RAJA ELANGO 09.10.2014 pln