LAWS(APH)-2000-10-47

CHELLURI GOVINDU Vs. STATE OF A P

Decided On October 17, 2000
CHELLURI GOVINDU Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Accused 1 to 7 who were tried by the IV Additional Sessions Judge, Visakhapatnam are the appellants herein. The accused were charged under four charges. The first charge against A1 was under Section 302 IPC. The learned Judge found him guilty of the said charge and convicted him to suffer imprisonment for life. The second charge against A1 to A7 was under Section 201 IPC. The learned Judge found them guilty and convicted them to suffer rigorous imprisonment for one year and imposed a fine of Rs.500/-. The third charge against A1 and A2 was under Section 302 IPC and the learned Judge found them guilty and convicted them to suffer imprisonment for life. The fourth charge against A3 to A7 was under Section 302 read with Section 34 IPC and the learned Judge found them guilty of the said charges and convicted them to suffer imprisonment for life and imposed a fine of Rs.500/- each and in default, directed them to suffer rigorous imprisonment for two years.

(2.) The substance of the charge against the accused was that on 29-10-1994 A1 took the deceased from his village and subsequently with the assistance of A3 to A7, A1 and A2 caused the death of the deceased Appanna alias Apparao.

(3.) The case of the prosecution can be briefly narrated as follows: PW1 is the wife of the deceased. PW2 is the brother of the deceased. PW9 is another brother of the deceased. The accused and the material witnesses belong to Lovapalem village. About four years back on one Saturday, at about 7.00 p.m., while the deceased, P.W.I and other family members were talking together, A3 and A4 came to their house and called the deceased saying that they are having some work with the deceased. The deceased told them that he would come on the next day. A-3 and A-4 told him that his presence is necessary and took the deceased. It is said that A-1, A-2 , A-5 and A-6 were standing in front of their house at that time and they followed A-3 and A-4. As the deceased did not return even on the next day, P.W.I went to the house of A-3, but it was found locked. P.W.I went to the house of A-4, A-5 and A-6 and did not find anybody in the house. While P.W.s.1 and 2 were returning from their houses, they met P.W.4, who told them that A-1 to A-6 took the deceased towards coconut garden belonging to A-4. PW1 went to the coconut garden in search of the deceased, but she should not trace him. P.W.2 also accompanied P.W.I in the search of the deceased. At about