Criminal Appeal No. 404 of 2008. Case: Kuratikar Sudhakar Vs State of A.P.. Supreme Court (India)

Case NumberCriminal Appeal No. 404 of 2008
CounselFor Appellant: Niranjana Singh, Ram Bhaj and Madhu Moolchandani, Advs. and For Respondents: S. Udaya Kumar Sagar and D. Mahesh Babu, Advs.
JudgesDipak Misra and Sharad Arvind Bobde, JJ.
IssueIndian Penal Code (IPC) - Section 302
Judgement DateTuesday August 12, 2014
CourtSupreme Court (India)

Judgment:

Sharad Arvind Bobde,.J.

  1. The Appellant was acquitted by the Trial Court in respect of a charge Under Section 302 of the Indian Penal Code (hereinafter referred to as "the Indian Penal Code) for the murder of two persons, one Kuratikar Laxman and one Kuratikar Thukaram. In appeal filed by the State, the High Court of Andhra Pradesh found the Appellant guilty of the offence Under Section 302 Indian Penal Code and accordingly convicted and sentenced him to undergo life imprisonment.

  2. According to prosecution Kuratikar Laxman (hereinafter referred to as '1st deceased') and Kuratikar Thukaram (hereinafter referred to as '2nd deceased') were father and son. The Appellant and the deceased are residents of Govindapur, Adilabad and were related to each other. The 1st deceased used to give medicine to the cattle for snakebite. The 2nd deceased gave country-made medicine to the cattle for any disease. About 15 days prior to the date of incident, the father of the accused apparently became deranged and started wandering in the village. Five months before the incident, the paternal aunt of the accused died of some disease; three years prior to the date of incident, the grandfather of the accused and another relative died due to sickness. The accused suspected that the above events happened because the 1st deceased practiced witchcraft and therefore the accused decided to do away with the lives of deceased 1 and 2.

  3. On the night intervening 13/14-06-2000, the accused found the deceased sleeping along with their family members in front of their house and went there with an axe. He first hacked the...

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