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Andhra Pradesh High Court - Amravati

Badvel Madhava Reddy, Spsr Nellore Dt., vs State Of Ap., Rep Pp., on 30 August, 2019

Author: Cheekati Manavendranath Roy

Bench: M.Satyanarayana Murthy, Cheekati Manavendranath Roy

   HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY
                         AND
 HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                 Criminal Appeal No.483 of 2015

Judgment: (per Cheekati Manavendranath Roy, J.)

     Challenging    the    judgment   dated    27-01-2015      of   the

IV Additional District and Sessions Judge, Nellore, whereunder

the appellant, who is the sole accused in S.C.No.220 of 2011 on

the file of the IV Additional District and Sessions Judge, Nellore,

was convicted for the offence punishable under Section 302 IPC

and was sentenced to undergo imprisonment for life for the

offence punishable under Section 302 IPC, the appellant has

preferred the present appeal.

     2. Concise statement of facts germane to dispose of this

appeal may be stated as follows:

     (a) The accused is the husband of the deceased Badvel

Jyothi (hereinafter called as the deceased).    Both of them loved

each other and their marriage was solemnized about 7 years back

prior to the death of the deceased.        After the marriage, the

accused   is   addicted   to   consuming   liquor   and   he   started

suspecting the fidelity of the deceased and used to harass her and

subject her to cruelty both physically and mentally.       Unable to

bear the said harassment of the accused, the deceased left for her

parents' house. Her mother and brother convinced her and sent

her back to the house of the accused with a fond hope that there

would be a change in the conduct and attitude of the accused.

However, there is no change in his conduct and attitude.

The accused and the deceased shifted their residence about two
                                  2




years prior to the incident to NTR Nagar, Nellore. Thereafter, they

shifted their residence to the house which is behind S.V.R. High

School, Zakir Hussain Nagar, Nellore and they are residing in the

ground floor portion in the house of P.W.9.

     (b) While so, on 18-9-2010 at about 2.30 p.m., the deceased

along with her neighbour P.W.6 went for shopping and returned

home at 3.45 p.m.     By that time, the accused already reached

home and he was present in the house. As the deceased was not

found in the house at the time of his arrival, the accused, who has

been suspecting her fidelity, picked up a quarrel with the

deceased after her arrival from the shopping.      During the said

quarrel, the accused grew wild and he picked up a knife which is

available in his house at about 4.30 p.m. with an intention to kill

Jyothi the deceased and stabbed her over the left side of her chest

and caused a deep incised stab injury in their bedroom.

The deceased raised cries at that time.       On hearing her cries,

P.W.6 and her husband P.W.7, who are the neighbours of the

accused, reached the house of the accused and they found the

deceased Jyothi lying on the bed in an unconscious state in their

bedroom with an injury on her chest. At that time, they found the

accused standing at that place armed with a knife.          In the

meantime, P.W.2 also reached the house of the accused. When

P.Ws.2, 6 and 7, who reached the scene of offence, questioned the

accused about his acts, he stated that he stabbed the deceased

Jyothi as she does not deserve to live and he has thrown the knife

in the bedroom and went away from the scene of offence. P.W.2

immediately informed about the incident to her husband. P.Ws.6
                                      3




and 7 took the deceased to the hospital in an auto rickshaw.

P.W.2 joined them.       When they have taken the deceased to

Dr. Ramachandra Reddy Hospital of Nellore, the doctor advised

them to take her to Bollineni Hospital of Nellore. So, they took her

to the said hospital. Doctors at Bollineni Hospital examined her

and declared that she died. Then they took her back to the house

of the accused in an Ambulance. P.W.1, who is the brother of the

deceased, reached the house of the accused after receiving

information from P.W.2.

     (c) P.W.1 lodged a report with II Town Police of Nellore. They

registered the said report as a case in Crime No.117/2010 for the

offences   punishable    under      Sections   498-A   and   302     IPC.

The Inspector of Police took up investigation. He visited the scene

of offence and seized the material objects including the knife used

by the accused at the time of commission of offence under the

cover of scene of offence observation report in the presence of the

mediators. Thereafter, an inquest was held over the dead body of

the deceased in the presence of the panchayatdars.               After the

inquest, the dead body of the deceased was sent for post-mortem

examination. The doctor, who conducted autopsy over the dead

body of the deceased, opined that the deceased appear to have

died due to shock and haemorrhage due to injury to vital organ,

heart.

     (d) On 21-9-2010, the Investigating Officer arrested the

accused    at   02.00   p.m.   at   Mypadu     Gate    Centre,    Nellore.

The accused confessed in the presence of the mediators that

he committed the offence of committing murder of his wife.
                                    4




He disclosed that if the Police and the mediators, who are present

at that time, accompany him that he would show the bloodstained

shirt which was hidden by him. Pursuant to the said disclosure

statement, he led the Police and the mediators to the northern

side of the eastern side railway gate near old check post and

picked up his bloodstained shirt from the bushes. Police seized

the said shirt under the cover of mediators' report. Thereafter, the

accused was produced before the Court and he was remanded to

judicial custody.

      (e) The investigation of the Police revealed that the accused

developed suspicion over the fidelity of the deceased Jyothi and

used to harass her and on 18-9-2010 as the deceased went along

with P.W.6 for shopping, the accused picked up a quarrel with her

on her return and at that time, he stabbed the deceased Jyothi

with a knife on her chest and killed her.

      (f) Therefore, after completion of the investigation, the

Inspector of Police, East Circle, Nellore City filed the charge-sheet

against the accused for the offences punishable under Sections

498-A and 302 IPC in the committal Court i.e. in the Court of

II Additional Judicial Magistrate of First Class, Nellore, where it

was registered as P.R.C. No.11 of 2011.         As the offence was

exclusively triable by Court of Sessions, after complying with the

legal formalities, the learned Magistrate committed the said case

to the Court of Sessions Division for trial.

      (g) Thereafter, in the Court of Sessions Division, the case

was numbered as S.C.220 of 2011 and the case was made over to

the IV Additional District and Sessions Judge, Nellore, for trial.
                                   5




        (h) The learned Sessions Judge framed charges under

Sections 498-A and 302 IPC against the accused. The accused

abjured the guilt and claimed to be tried.

        (i) During the course of trial, the prosecution got examined

P.Ws.1 to 15 witnesses and got marked Exs.P-1 to P-22

documents and M.Os.1 to 4 material objects to substantiate the

case of prosecution.

        (j) After closure of the evidence of the prosecution, the

accused was examined under Section 313 Cr.P.C to enable him to

explain the incriminating evidence adduced against him by the

prosecution.     The accused denied the incriminating evidence

adduced against him by the prosecution. During the course of his

examination under Section 313 Cr.P.C., the accused stated that

when he was taking his lunch that his wife abused him and he

also abused her and his wife went into kitchen and has thrown

the knife at him and he sustained injury on his left arm and

thereafter he beat her with his hands. She picked up the knife

which is on the floor and when they were grappling, the knife

pierced into her. He did not stab her. He called P.W.7 Ravi and

called for auto rickshaw. In the meanwhile, when P.W.2 reached

there, he has sent        P.W.2 also   in    the auto rickshaw to

Dr. Ramachandra Reddy Hospital and he also accompanied them.

The doctor who examined his wife declared that she died.

Immediately, he went away from the hospital to put an end to his

life.

        (k) The accused also examined D.W.1 by name Kanna

Suneetha on his behalf.
                                  6




     (l) After trial of the case, the learned Sessions Judge heard

the arguments of the learned Public Prosecutor and the learned

Defence Counsel.

     (m) At the culmination of the trial, the learned Judge found

the accused not guilty for the offence under Section 498-A, IPC

and accordingly acquitted him of the said charge. However, the

learned Judge found the accused guilty for the offence punishable

under Section 302 IPC and accordingly convicted him for the said

offence and sentenced him to undergo imprisonment for life.

     (n) Assailing the said judgment of conviction, the appellant

has preferred the present appeal questioning the legality and

validity of the impugned judgment.

     3. When the appeal came up for hearing before this Court,

we have heard Sri G.Vijaya Saradhi, learned counsel for the

appellant/accused and the learned Public Prosecutor appearing

for the respondent/State.

     4. The material facts of the case are not in controversy.

Admittedly, the deceased Jyothi is the wife of the deceased. At the

time of the incident, they are residing in the house of P.W.9 as

tenants. P.Ws.6 and 7, who are the wife and husband are also the

neighbours of the accused and the deceased.         P.W.2 is also

residing nearby the house where the accused is residing.

The deceased also died on account of a stab injury sustained by

her on her chest which pierced into her heart and the said stab

injury was caused with a knife. The accused was also present at

the scene of offence when she sustained the said stab injury on

her chest which ultimately resulted into her death. These are all
                                    7




incontrovertible facts in this case. The accused himself admitted

in his examination under Section 313 Cr.P.C that he was present

in his house when the deceased Jyothi sustained the aforesaid

fatal injury. However, he is sought to explain stating that as he

and his wife grappled on account of a quarrel between them that

the knife accidentally pierced into her and thereby she sustained

the said injury.

     5. Therefore, in view of the said admitted case of the

accused, the material facts of the prosecution case that the

deceased, who is the wife of the accused, sustained a stab injury

on her heart caused with a knife in the house of the accused and

that the accused was also present at the scene of offence at the

time of the said incident stood established in this case beyond any

shadow of doubt.

     6. So, the only crucial point which needs to be considered in

this case is whether the accused caused the said stab injury to his

deceased wife with the knife which is a fatal weapon on the chest

of the deceased which is a vital part of the body, which ultimately

pierced into her heart causing a fatal injury to her which resulted

into her death or not.

     7. Before adverting to the same, it is relevant to consider the

evidence of P.Ws.6, 7, 2 and 9. As already noticed supra, P.Ws.6

and 7 are the neighbours of the accused. P.W.2 was also residing

near the house of the accused and P.W.9 is the house owner of

the accused.       So, their evidence is relevant in the context to

consider.
                                  8




     8. P.W.6 categorically deposed in her evidence that P.W.7 is

her husband. She along with her husband is residing in the first

floor portion of the house of P.W.9.    They are residing in the

western portion of the house and the accused and his wife Jyothi

are residing in the eastern portion of the said house. She further

deposed that the accused is a drunkard and used to suspect his

wife Jyothi.   On 18-9-2010 at about 2.30 p.m., she and Jyothi

went for shopping and when they returned home at 3.45 p.m., the

accused was present in the house by that time. So she went to

her house.     In between 4.00 to 4.30 p.m. on that day that she

heard cries of Jyothi from their portion and suspecting that there

was a big quarrel between them that she and her husband went to

the house of the accused and they found deceased Jyothi fell

unconscious on the bed. She also observed pool of blood over the

bed and also on the floor. She further deposed that she saw the

accused standing with a knife in his hands at that time and that

he shouted that he killed her and by so saying he left the knife

and went outside the house. She also deposed that P.W.2 also

came to the house of accused at that time.      Immediately they

called an auto rickshaw and shifted the injured to the hospital.

P.W.2 informed about the incident to her husband.           P.W.2

contacted P.W.1, who is the brother of the deceased, over phone

on the way to their hospital. She finally deposed that the doctor

in the hospital of Ramachandra Reddy advised to shift the injured

to Bollineni Super Speciality Hospital and when they took her to

the said hospital that the doctor who examined her declared that
                                   9




Jyothi died. Similarly, P.W.7, who is the husband of P.W.6, also

deposed in similar lines corroborating the testimony of P.W.6.

     9. Nothing was elicited in their cross-examination to

discredit their testimony given regarding the fact that when they

reached the house of the accused after hearing the cries of the

deceased that they found the deceased in an unconscious state on

the bed, that there was a pool of blood on the bed and on the

floor, that the accused was also found at the scene of offence near

the dead body of the deceased along with a knife and that the

accused stated that he killed her and thereafter left the knife at

the scene of offence and went away. It is significant to note here

that even the accused admitted in his statement given in his

examination under Section 313 Cr.P.C that he called Ravi i.e.

P.W.7 and thereafter they have called for the auto rickshaw.

So, the presence of P.W.7 at the scene of offence is also admitted

by the accused. As P.Ws.6 and 7 are the immediate neighbours of

the accused, their evidence that they heard the cries of the

deceased and immediately reached the scene of offence and at

that time they found the accused with a knife at the scene of

offence can safely be believed.       P.Ws.6 and 7 are independent

witnesses and they have absolutely no reason to give any false

evidence against the accused.          Therefore, their evidence is

trustworthy and can safely be relied on.

     10. Similarly, P.W.2 also deposed in her evidence that she

knows the deceased Jyothi, that the accused is her husband, that

the accused used to quarrel with the deceased in a drunken state

and that Jyothi used to inform her about the attitude of the
                                  10




accused and she advised her to adjust with her husband.

She further deposed that her house is situate after 10 houses

away from the house of the accused and she used to drop her

daughter at the school and picks her up every day and while going

to the school she has to cross the house of the accused.

On 18-9-2010 at about 04.00 or 04.30 p.m., while she was

proceeding to the school to bring back her daughter, on the way to

the school she went to the house of the accused and by that time

the accused already stabbed his wife Jyothi and the accused

stated that he stabbed his wife Jyothi and she has seen Jyothi

with bleeding injuries on a cot. P.Ws.6 and 7 were present at that

time. After proclaiming that he killed Jyothi that the accused left

the knife and left the house. She further stated that immediately

she informed the same to her husband over a phone from the

coin-box and in the meanwhile P.Ws.6 and 7 took the injured to

hospital in auto rickshaw. She also stated that she narrated the

incident to P.W.1, who is the brother of the deceased, after

returning home from the hospital.      It is also significant to note

here that the accused even admitted in his statement given at the

time of his examination under Section 313 Cr.P.C that this P.W.2

also came to his house on that day and that he has sent P.W.2

along with the injured in auto rickshaw to the hospital. So, the

visit of P.W.2 to the house of the accused at the time of the

incident as spoken to by her is now beyond question. Therefore,

her evidence can safely be believed.

     11. P.W.9 is the owner of the house in which the accused

resided along with his wife at the time of the offence. He deposed
                                  11




in his evidence that the accused and his wife lived in the ground

floor of his house as tenants and P.Ws.6 and 7 also lived in his

house as tenants. He further deposed that he is residing in the

upstairs of his house and about four years back at about

6.30 p.m., when he returned home, he noticed the dead body of

the deceased in an ambulance in front of his house and he came

to know that the accused stabbed his wife after quarrel between

them.

     12. Thus, the unimpeachable evidence of P.Ws.2, 6, 7 and 9

clinchingly proves that the accused and the deceased lived in the

house of P.W.9 as tenants and the accused used to harass the

deceased suspecting her fidelity and on the date of the incident he

picked up a quarrel with the deceased as she went out for

shopping and thereafter after hearing the cries of the deceased

when P.Ws.6 and 7 reached the house of the accused that the

deceased was found with an injury on the bed and the accused

standing at the scene of offence with a knife.

     13. Now, it is crucial to consider the evidence of P.W.4, the

doctor who conducted post-mortem examination on the dead body

of the deceased and issued Ex.P-4 post-mortem certificate. P.W.4

stated in his evidence that he has conducted post-mortem

examination over the dead body of the deceased Jyothi, aged

about 26 years and he found the following external injuries:

     "External injuries:

     1. 1 cm x 3/4 cm elliptical wound with blood clot present,

        8 cm medially to left nipple horizontally.
                                     12




          After removing the blood clot, a probe about 11 cm length

          could be passed obliquely from the above wound.

          On opening chest congestion over 5th and 6th ribs in mid

          clavicularline with 1 cm x 1 cm width and length.

          Chest cavity on left side contain about 500 ml of blood

          clots.

          Endometrium contained blood clots. About 1 cm incised

          wound    over   right   ventricle   anteriorly   and   piercing

          posterior wall inner border.

          Heart is empty."

     14. He further deposed that the above wound is ante mortem

in nature and the said injury is possible to cause the said injury

with M.O.1 knife which is shown to him and that the said injury is

sufficient to cause the death of a person in normal course of

nature.

     15. Now, the crucial question is whether the accused caused

the said fatal injury to the deceased with M.O.1 knife which

resulted into her death or not. The accused did not dispute the

fact that the said injury was caused to the deceased with M.O.1

knife. It is his defence as can be seen from his statement given in

his examination under Section 313 Cr.P.C that there was

a quarrel between him and his wife. When he was taking lunch

that his wife abused him and that he also abused her. Thereafter,

his wife went into the kitchen and has thrown a knife at him and

he sustained an injury on his left hand and he beat her with his

hands and she picked up the knife which is on the floor and when

both of them were grappling, the knife pierced into her. He did
                                 13




not stab his wife. He called P.W.7 and auto rickshaw and in the

meanwhile, P.W.2 came there and he sent his wife in the auto

rickshaw to the hospital and the doctor who examined her

declared that she died and thereafter he went away from the

hospital to end his life.

      16. Therefore, from the said statement given by the accused

in his examination under Section 313 Cr.P.C., it is evident that it

is his case that the incident took place accidentally when he and

his wife grappled in a quarrel and that the knife pierced into her.

The said version of the defence clearly appears to be a concocted

story. The said version cannot be believed.

      17. A perusal of the evidence of the doctor examined as

P.W.4 and Ex.P-4 post-mortem certificate proves that the injury

sustained by the deceased on her chest over 5th and 6th ribs is

1 cm x 1 cm width and length and it was 1 cm incised wound over

right ventricle anteriorly and piercing posterior wall of inner

border and as per Ex.P-4 post-mortem certificate, the cause of

death is due to shock and haemorrhage due to injury to vital

organ i.e. heart. So, from the said medical evidence on record,

it is evident that the knife pierced deep into the chest and caused

injury to heart of the deceased which is the internal organ in the

chest. There was an incised wound piercing posterior wall at the

inner border.    This medical evidence completely rules out the

possibility of the knife piercing into her chest and causing damage

to the heart inside the chest on account of the said deep incised

wound accidently when there was a grappling between the couple.

On the other hand, the said medical evidence shows that the said
                                 14




injury to the heart inside the chest was caused with the knife on

account of a forcible stab on her chest.   Therefore, the medical

evidence on record clearly belies the defence taken by the accused

that the deceased sustained the said injury on account of the

grappling between him and his wife in the said quarrel.

     18. It is now significant to note that P.W.6 deposed in her

evidence that when she and her husband reached the house of the

accused on hearing the cries of the deceased that the accused was

standing with a knife in his hand and he shouted that he killed

her and left the knife and went away from the house. Even P.W.2

also deposed that the accused proclaimed that he killed Jyothi

and he left the knife and left the house. The said evidence given

by P.Ws.2 and 6 that the accused stated that he killed Jyothi is

not shaken in their cross-examination by the accused. So, this

evidence proves that immediately after the occurrence of the

incident the accused himself has proclaimed that he killed his wife

Jyothi. The said evidence is relevant and admissible to prove his

subsequent conduct immediately after the incident.        Therefore,

the evidence on record as discussed supra proves that the

accused has stabbed the deceased with a knife on her chest which

caused a deep incised injury piercing into the heart which

resulted into her death.

     19. Although the accused has examined D.W.1, her evidence

is not useful to the case of the accused. A perusal of the evidence

of D.W.1 shows that an attempt was made by the accused to show

that the deceased had a questionable character. Even that aspect

is not very much clear from the evidence of D.W.1. Whatever the
                                  15




character of the deceased may be, the accused cannot resort to

an act of killing her.

      20. Therefore, we have absolutely no hesitation to hold that

the deceased met with a homicidal death and the accused is

responsible for the homicidal death of the deceased.

      21. The next question that arises for consideration before us

is whether the facts of the case, as proved in this case, constitute

an offence of culpable homicide amounting to murder or culpable

homicide not amounting to murder.

      22. The learned counsel for the appellant vehemently argued

before us that the facts of the case show that there was a quarrel

between the accused and the deceased and as such if it is found

from the evidence on record that the accused stabbed the

deceased and killed her that it is only on account of the sudden

and grave provocation given by the deceased and the accused had

no motive to kill her and as he was provoked by her in the quarrel

that he must have caused the said injury to her. Therefore, as he

has no motive to kill her that it is only a case of culpable homicide

not amounting to murder.

      23. We have given our earnest and thoughtful consideration

to the said contention raised by the learned counsel for the

appellant. It is to be seen here that the evidence on record shows

that the accused used to suspect the fidelity of his wife and as

such when she returned home from the shopping on that evening,

he picked up a quarrel with her and thereafter he stabbed her

with the knife on her chest and killed her. Therefore, when he has

used a lethal weapon like M.O.1 knife and caused a deep incised
                                      16




wound with the said weapon on the vital part of the body of the

deceased i.e. on the chest which pierced into the heart, it is to be

held that the accused got full knowledge that by causing such

a fatal injury on the chest and heart which are vital parts of the

body with such a lethal weapon like knife, would in all probability

cause her death. As he has used a lethal weapon which is a knife,

certainly it is evident that he got intention to kill her and

particularly as he has pierced the said sharp knife into the heart

of the deceased. Therefore, it is evident that he got both motive

and also knowledge to kill her. So, it is a clear case of culpable

homicide amounting to murder.              Therefore, he is liable for

punishment under Section 302 IPC only.

     24. In this context, to drive home the point, it is relevant to

consider the case law on the subject rendered by the Apex Court.

In Sangapagu Anjaiah v. State of A.P. reported in [(2010) 9 SCC

799], the Supreme Court while dealing with the question whether

a blow on the skull of the deceased with a crowbar would attract

Section 302 IPC, held thus:

     "In our opinion, as nobody can enter into the mind of the
     accused, his intention has to be gathered from the weapon used,
     the part of the body chosen for the assault and the nature of the
     injuries caused.   Here, the appellant had chosen a crowbar as
     the weapon of offence. He has further chosen a vital part of the
     body i.e. the head for causing the injury which had caused
     multiple fractures of skull.   This clearly shows the force with
     which the appellant had used the weapon. The cumulative effect
     of all these factors irresistibly leads to one and the only
     conclusion that the appellant intended to cause death of the
     deceased."
                                      17




     25. In Hukam Chand v. State of Haryana reported in

[(2002) 8 SCC 421], the Supreme Court while dealing with the

question of whether a blow on the skull with a pharsa would

attract conviction under Section 302 IPC, held thus:

     "Hukam Chand was in the house. He was called in and arrived
     at the scene and place of occurrence with a pharsa which by all
     means is a deadly weapon and it is this pharsa which was used
     to hit the deceased on his head resulting in his immediate
     collapse and subsequent death. The story set up by the accused,
     belies the incident and cannot but be ascribed to be a totally
     fabricated one. Injuries suffered by Udai Chand, the deceased,
     cannot be said to be as a matter of chance while grappling with
     each other.     The nature of the injuries, as noticed, depicts
     it otherwise.   If that be the case which stands to reason that
     there was in fact a deliberate pharsa-blow on the deceased, then
     and in that event, a simple question by itself would negate the
     plea of the accused, namely, as to the reason why Hukam Chand
     arrived at the place of occurrence with a pharsa in his hand.
     The factum of bringing in the pharsa at the place of occurrence
     from his house cannot be ignored.       It definitely indicates the
     intent to use it and thereby cause death."


     26. Following the ratio laid down in the above two judgments

of the Apex Court, quoting the said judgments with approval, the

Supreme Court again in a recent judgment rendered in the case of

State of Rajasthan v. Leela Ram @ Leela Dhar reported in

[2019 (1) ALD (Crl.) 607 (SC)], while dealing with a case whether it

attracts Section 302 IPC or 304 Part II, IPC, held as follows:

     "Injury was inflicted by the accused to the victim is an axe on
     vital parts of the body of the deceased, namely, his skull leading
     to his death as corroborated by medical evidence. Mere fact that
     there was a single blow is not a circumstance which would
     warrant conviction under Section 302 IPC being altered to one
     under Section 304 Part II, IPC.      Act of the accused being so
     imminently dangerous that it must in all probability cause death
     or such bodily injury as was likely to cause death, would fall
                                          18




         under Section 300 (Fourthly).    The accused cannot be said to
         have committed alleged act without pre-meditation, on spur of
         the moment, so as to attract Exception 4 to Section 300 IPC. So
         his conviction by trial Court under Section 302 IPC is restored."


         27. Applying the analogy laid down in the aforesaid

judgments of the Apex Court, as discussed supra, in this case

also a clear case of culpable homicide amounting to murder

punishable under Section 302 IPC is made out.

         28. There is also no acceptable evidence on record, whether

direct     or   circumstantial to show           that    deceased gave any

provocation and that the accused on account of the said sudden

and grave provocation said to have been given by her stabbed her.

There is also no evidence to show that the deceased has thrown

knife at him and he sustained injury on his hand.                        All this

appears to be purely a belated concocted story.

         29. So, the said contention of the learned counsel for the

appellant is devoid of any merit and the same is hereby rejected.

         30. Upon considering the evidence on record and on proper

appreciation of the same, the learned Sessions Judge arrived at

a right conclusion and recorded a finding of guilt against the

accused for the offence committed by him which is punishable

under Section 302 IPC. Upon reapprisal of the said evidence on

record, we also found that the accused is guilty of committing

murder of the deceased.            Therefore, the impugned judgment of

conviction of the trial Court is perfectly sustainable under law and

it calls for no interference in this appeal.
                                 19




     31. In the result, the appeal is dismissed confirming the

impugned judgment of conviction and sentence passed against the

appellant by the trial Court.


                         _________________________________________
                            M.SATYANARAYANA MURTHY, J.

_________________________________________ CHEEKATI MANAVENDRANATH ROY, J. 30th August, 2019.

Ak 20 HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY AND HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Criminal Appeal No.483 of 2015 (per CMR, J.) 30th August, 2019.

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