KAVALI VENKATAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE learned Assistant Sessions Judge, Nagarkurnool convicted the three accused who faced trial before him for the offences under Sections 347, 376(2)(g) and 323 IPC. He sentenced each of the accused to rigorous imprisonment (R.I.) for a period of five years for the offence under Section 376(2)(g) IPC and fine of Rs.3,000/-. He also sentenced each of the three accused to simple imprisonment (S.I.) for a period of one year for the offence under Section 347 IPC, apart from fine of Rs.500/-. He further convicted all the three accused who faced trial to S.I. for a period of one month for the offence under Section 323 IPC. THE learned Assistant Sessions Judge did not impose any fine for the offence under Section 323 IPC. He directed that the sentences should run concurrently.

(2.) A1 to A3 preferred appeal before the Sessions Court. The learned VI Additional Sessions Judge, Mahaboobnagar confirmed the conviction and sentences recorded by the trial Court. I may point out that during the pendency of the appeal, A3 breathed his last. The case as well as the conviction, sentences and fine recorded against A3 consequently stood abated on the death of A3. The first accused preferred Crl. RC No.445 of 2005 assailing the judgments of conviction, sentences and fine. The second accused in turn preferred Crl. RC No.1776 of 2004. Both the accused in the two revisions assail the same trial Court judgment and same appellate Court judgment. Consequently, both the revisions are disposed of through this common judgment.

(3.) THE prosecutrix is PW2. PW1 is her husband. PW3 is a villager of the village to which the accused belong to. PWs.3 to 5 knew the accused but they did not know PWs.1 and 2.