GUBBALA VENUGOPALASWAMY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The four appellants described as accused A-1, A-2, A-3 and A-4 faced trial along with three others for alleged commission of offences punishable under Sections 302, 120-B and 148 of the Indian Penal Code 1860 (for short 'the IPC'). The trial Court found the present appellants to be guilty of offence punishable under Section 302, IPC but not of the other two offences. Accused A-5 to A-7 were acquitted as the trial Court held evidence to be insufficient to hold them guilty. A-1 was sentenced to undergo life imprisonment with fine of Rs. 2,000/- with default stipulation of six months. Matter was carried in appeal before the Andhra Pradesh High Court which by the impugned judgment held A-1 and A-4 guilty of offence punishable under Section 326, IPC and sentenced each to undergo RI for 10 years and to pay a fine of Rs. 1,000/- with default stipulation of four months. A-2 was found guilty of offence punishable under Section 302, IPC by affirming conviction made and sentence imposed by the trial Court. A-3 was convicted of offence punishable under Section 324, IPC and was sentenced to undergo imprisonment for a period of three years and to pay a fine of Rs. 500/- with default stipulation of two months imprisonment.

(2.) Prosecution version as unfolded during trial is as follows :

(3.) On completion of investigation charge-sheet was filed and after framing of charges, the trial was taken up. In order to further its version, prosecution examined 16 witnesses while the accused persons examined 7 witnesses to substantiate their plea of false implication and innocence. The trial Court found that as per prosecution, there were eye-witnesses PWs 1, 2 and 3, though PWs 2 and 3 resiled from the statements made during investigation. Primarily conviction was recorded placing reliance on the evidence of PW-1 though the trial Court and the High Court found that the evidence was not without blemish.