YELAMANCHILI MAHESH BABU Vs. STATE OF A P

JUDGEMENT

(1.) Accused Nos.1, 3 and 4 in Sessions Case No.36/1996 on the file of I Additional Sessions Judge, West Godavari District at Eluru, are the appellants herein. Originally there were twelve accused in this case. A2 died much before the framing of charges and the case against A10 was separated. Therefore, only A1, A3, to A9, A11 and A12 were tried in this case. The first charge against them was under Section 120(B) of the Indian Penal Code. On evidence, the learned Judge acquitted them of that charge. The second charge against them was under Section 148 of the Indian Penal Code. On evidence, the learned Sessions Judge acquitted them of that charge also. The third charge against them was under Section 302 of the Indian Penal Code for causing the death of one Vadlapudi Pullarao (hereinafter to be referred to as 'D1'). On evidence the learned Judge found A1, A3 and A4 guilty of the said charge and, therefore, proceeded to convict and sentence them to suffer imprisonment for life and to pay a fine of Rs.100/- each in default to suffer simple imprisonment for two months each. The learned Judge acquitted the other accused of the said charge. The fourth charge against the accused was under Section 302 read with Section 149 of the Indian Penal Code for causing the death of D1. The learned Judge found them not guilty and, therefore, acquitted them of the accused charge. The fifth charge against them was under Section 302 of the Indian Penal Code for causing the death of one Kothari Srinivasarao (hereinafter to be referred to as 'D2'). The learned Judge found A1, A3 and A4 guilty of the said charge and, therefore, convicted and sentenced them to suffer imprisonment for life and to pay a fine of Rs.100/- each, in default to suffer simple imprisonment for two months. The learned Judge acquitted the other accused of the said charge. The sixth charge against the accused was under Section 302 read with Section 149 of the Indian Penal Code for causing the death of D2. The learned Judge found them not guilty and, therefore, acquitted them of that charge.

(2.) Aggrieved by the aforesaid order of conviction and sentence, A1, A3 and A4 have filed the present appeal.

(3.) The substance of the charge against the accused was that on 27-1-1993 at about 8.20 a.m., near K.P. Raju Makam on Kowur Bhimadole road, they alleged to have conspired to cause the death of D1 and D2 and accused their death.