BASHAPAKA LAXMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellans herein are the accused 1 and 2 in S.C. No. 622 of 1997. They were tried by the learned II Additional Sessions Judge, Warangal,for an offence punishable under Section 302, r/w 34, IPC. On evidence, the learned Judge convicted them and sentenced each of them to suffer imprisonment for life and also to pay a fine of Rs. 200.00, in default to suffer simple imprisonment for one month.

(2.) Aggrieved by the order of conviction and sentence, the accused-appellants have filed the present appeal.

(3.) The gravamen of the charge against the accused was that on 25-8-1996 at about 8.00 p.m., they caused the death of the deceased named Bashapaka Soma Mallaiah. The prosecution story can be briefly narrated as follows :The accused, the material prosecution witnesses, and the deceased were residents of Kadavendi village, Devaruppala Mandal, Warangal District. P. W. 1 happened to be the brother of the deceased. P. W. 2 happened to be the cousin brother of the deceased. P. W. 3 is the wife of the deceased. P. W. 4 is the mother of the deceased.