BULLA SRINIVASA RAO Vs. STATE OF A P

JUDGEMENT

(1.) Accused No.1, who was tried along with accused No. 2, is the appellant herein. A-1 was tried by the learned II Additional Sessions Judge, Rajahmundry, in Sessions Case No. 109/1997 for the offences punishable under Section 302 of the Indian Penal Code and under Section 27 of the Indian Arms Act whereas A-2 was tried for the offences punishable under Sections 201 and 218 of the Indian Penal Code. On evidence, learned Judge convicted A-1 of the offences punishable under Section 302 I.P.C., and sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs. 2,000/-, in default to suffer simple imprisonment for six months and acquitted A-2 of all the charges.

(2.) The prosecution story can be briefly narrated as follows. The deceased Ch. Kameswara Rao was working as a Sentry in Y. Ramavaram police station and he was on duty in the night of 12-7-1994 guarding the backside of the police station. P.Ws. 1 to 5 were Police Constables who were also on duty on the date of incident.

(3.) P.W. 1 was posted as a Sentry from 12 midnight to 2 a.m., on the roof top of the police station. P.W.2 was doing duty in front of the police station. A-1 was posted for Sentry duty and A-2 was posted for Guard duty on the backside of the police station. In all there were 7 A.P.S.P. men, 5 Constables and 2 Head Constables as the said police station was prone to naxalite attack.