GORUSU NAGARAJU Vs. THE STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is filed by the accused from jail through the Supreme Court Legal Services Committee against the final judgment and order dated 15.12.2006 passed by the High Court of Judicature at Andhra Pradesh at Hyderabad in Criminal Appeal No.955 of 2005 whereby the High Court affirmed the judgment and order dated 10.06.2005 passed by the IInd Additional District and Sessions Judge, East Godavari at Rajamundary in Sessions Case No.193 of 2000 by which the appellant(A-1) was convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and under Section 235(2) of the Criminal Procedure Code, 1973 (hereinafter referred to as "the Cr.P.C.") and sentenced him to undergo imprisonment for life under Section 302 IPC with a fine of Rs. 200/-, in default, to further undergo simple imprisonment for one month and for the offence under Section 201 IPC, he was sentenced to undergo rigorous imprisonment for three years with a fine of Rs. 100/- in default to further undergo simple imprisonment for one month. Both the sentences were directed to run concurrently.

(2.) For the disposal of the appeal, few relevant facts need to be mentioned hereinbelow.

(3.) The appellant (A-1) along with four accused persons (A-2, A-3, A-4 and A-5) were prosecuted for commission of the offence punishable under Section 302 read with Section 201 of IPC for committing murder of one - Desineedi Venkateswararao @ Venkatesh. The IInd Additional District & Sessions Judge by his judgment and order dated 10.06.2005, convicted the appellant (A-1) and sentenced him to undergo imprisonment for life under Section 302 IPC and further to undergo rigorous imprisonment for three years under Section 201 IPC and acquitted three accused, namely, A-2, A-3 and A-5. So far as A-4 is concerned, since he was absconding, his trial was separated.