GORLI MANGAIAH Vs. STATE

JUDGEMENT

(1.) The sole accused in Session Case No.510 of 1996 who was tried by the Additional Sessions Judge, Ongole is the appellant herein. The accused-appellant was tried for causing murder of D1 and D2 and also attempting to commit murder of his wife Anasuya (PW1). On evidence the learned Judge found that the prosecution was able to bring home guilt of the accused, the therefore, he proceeded to convict the accused-appellant and sentenced him on two counts under Section 302 IPC and on each count, he was sentenced to undergo imprisonment for life and to pay fine of Rs.500/-, in default to undergo simple imprisonment for three months. The learned Judge further convicted the accused- appellant of the offence punishable under Section 307 IPC and sentenced him to suffer imprisonment for five years and to pay fine of Rs. 500/-, in default to undergo simple imprisonment for three months. The substantive sentences imposed upon the accused-appellant were made to run concurrently.

(2.) It is alleged by the prosecution that on 25-11-1995 in early hours i.e., at about 4.00 a.m., the accused killed his two children and attempted to commit murder of his wife suspecting her fidelity and also suspecting the legitimacy of the children.

(3.) The prosecution case be briefly narrated as. follows: PW1 Gorli Anasuya was residing in a hut in a locality known as Kabela in Chirala Town along with her two children i.e., Gorli Durga .Prasad-hereinafter referred to as Dl and Gorli Smeetha-here inafter referred to as D2 and also along with her husband. Originally this family belongs to Srikakulam District, but about 6 years prior to the incident, they shifted to Chirala for eking out their livelihood. It is further stated by the prosecution that about 20 more persons who also belong to Srikakulam had shifted their residence to Chirala and they are residing in the same locality.