ELARI SURESH, DUTTALURU MANDAL Vs. PUBLIC PROSECUTOR HYDERABAD

JUDGEMENT

(1.) Accused Nos. 1 to 4 in Sessions Case No. 426 of 2012 are the Appellants herein. They were tried for the offences punishable under Section 302 [against A1], 302 read with 34 [against A2 to A4] and 307 read with 34 I.P.C. for attempting to kill PW1. By its Judgment, dated 29.06.2015, the learned III Additional District and Sessions Judge, Nellore, convicted A1 for the offence punishable under Section 302 I.P.C., and A2 to A4 for the offence punishable under Section 302 read with 34 I.P.C. and accordingly sentenced each one of them to suffer imprisonment for life and pay a fine of Rs.500/- in default to suffer simple imprisonment for a period of three months. Further, all the four [04] accused were also found guilty for the offence punishable under Section 307 read with 34 I.P.C. and were sentenced to undergo rigorous imprisonment for ten [10] years and to pay fine of Rs.200/- each, in default to suffer simple imprisonment for one month. The substantive sentences were directed to run concurrently.

(2.) The substance of the Charges against the accused is that, on 21.04.2012 at about 6.30 a.m., A1 to A4 in pursuant to the earlier plan, went in a auto to Chimudu/Peethalavagu, where A1 dashed against the cycle, in which A. Kameswara Rao [ 'Deceased '] and PW1 were travelling and killed the deceased by driving the auto over the body of the deceased, after he fell down from the cycle.

(3.) The case of the prosecution, as disclosed by the prosecution witnesses, are as under: