HANUMANTHARAYUDU Vs. STATE

JUDGEMENT

(1.) The appellants herein, who were arraigned as accused Nos.1 and 2, before the IV Addl. District and Sessions Judge at Madhugiri in S.C. No. 69/2012, have preferred this appeal calling in question the Judgment of Conviction and Order of Sentence passed in the said case vide judgment dated 28th September 2015. The trial court has convicted and sentenced both the accused to undergo imprisonment for life and to pay a fine of Rs.5,000/- each, in default to pay fine, both accused shall undergo simple imprisonment for three months for the offence punishable under Section 302 r/w Sec. 34 of IPC .

(2.) It is the case of the prosecution that on 26th September 2011 at 7.00PM the accused persons took the deceased E.Asha / CW1 from Nuthanamadagu Village in a Kavasaki Motor Cycle bearing Registration No. AP-02 / 5658 to the land of one Chinnaiah S/o Subbaiah of Appajihally, where castor plants were grown and slit her neck with knife causing bleeding injuries and further they doused petrol on her and set her on fire. Thereafter, the injured E.Asha succumbed to the injuries at Victoria Hospital, Bangalore on 14.10.2011 at 4.50AM.

(3.) It is further case of the prosecution that after the incident on 26.09.2011 at about 7.00 pm the injured was brought to Appajihalli Village. The Police was informed by somebody that a lady was cut on the throat and was set on fire. The Police brought her to the Government Hospital, Pavagada. The Police recorded her dying declaration.