BOYA T VENKATESWARLU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Five persons were convicted in respect of the death of one Boya Pedda Narayan. Among them the first accused - Boya Chinnaramudu and his brother Boya Peddaramudu were found guilty of Section 302, IPC besides other offences. The remaining three were the sons-in-law of one or the other of the first two. They were convicted under Section 302, IPC with the help of Section 149. It is unnecessary to mention about the other offences for which they were convicted. A Division Bench of the High Court confirmed the conviction and sentence of imprisonment for life passed on them.

(2.) The above incident happened on the night of 6-11-1994 inside the house of the deceased. According to the prosecution, there was love-lost between the deceased and her mother P.W. 3 Seshamma on the one side and A1 and A2 (who were her cousins) on the other. This was on account of some claim which the two accused made in respect of the properties left behind by the father of the P.W. 3, Seshamma. More details of the aforesaid dispute are not necessary except saying that the said dispute had sprouted acute enmity in the mind of A1 and A2 towards P.W. 3 Seshamma. Hence they determined to avenge for it. Hence all the five persons trespassed into the house of the deceased at 10.00 P.M. A1 and A2 were armed with axes and they inflicted a number of injuries on the deceased who was sleeping on the cot till the arrival of the assailants.The role attributed to the remaining three accused was only that when the wife and son of the deceased interfered, those three appellants beat them with sticks.

(3.) P.W. 1 Laxamma is the widow of the deceased and P.W. 2 Boya Naidu is the son of the deceased. Both have seen the occurrence and they narrated it in the trial Court. From their narration it is difficult for us to think that they would have implicated A1 and A2 falsely. Hence we are not disposed to interfere with the conviction and sentence passed on those two accused, particularly since the trial Court and the High Court concurrencly held them guilty of inflicting fatal injuries on the deceased.