MEDICHERLA CHINNA GANGADHAR Vs. STATE OF A P

JUDGEMENT

(1.) The accused in Sessions Case No. 13 of 2006 on the file of III Additional District and Sessions Judge (Fast Track Court), Nizamabad, who were convicted for the offence punishable under Section 302 read with 34 of the Indian Penal Code, 1860 (for short, "IPC") and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 1,000/- each, in default to undergo simple imprisonment for a period of six months each, are the Appellants herein.

(2.) The case of the prosecution is that the first deceased, Padma (Dl), is the daughter of PW3 and sister of PW2. The second deceased, Shirisha (D2), is the daughter of D1. PW2 is a goldsmith and their family resides at Padkal Village. Dl was given in marriage to one Tirupathi of Boregaon Village and as there was failure of relationship between them, Dl was staying with P Ws.2 and 3 since sometime. Prior to 29.9.2005, Al came to Padkal and wanted to marry D1. The parents of Dl asked him to divorce his first wife and then only they will give Dl in marriage to him. Thereafter, Al eloped Dl and married her. For one year they have not visited the village Padkal. Subsequently, A1 started ill-treating Dl and eight days prior to the incident, Dl came to the village Padkal. On 24.9.2005, A1 came to Padkal Village and asked P Ws.2 and 3 to send his wife along with him. Then they insisted him to bring some elder along with him. Accordingly, on 29.9.2005, A1 brought A2 and both of them gave assurance that the deceased persons will be taken care of and A2 also gave a personal undertaking. Thereafter, both the deceased persons were sent to Laxmapoor Village along with A1 and A2, where they resided. On the morning of 30.9.2005, A2 telephoned to PW7 and informed about the death of the deceased persons. Then PW7 in turn informed PW2 and both of them went to Laxmapoor Village and found the dead bodies of the deceased persons. The family members of the deceased persons also came from Padkal Village and thereafter, PW2 lodged a complaint, which was registered as a case in Crime No. 61 of 2005 under Section 302 read with 34 IPC. During the course of investigation, statements of the witnesses were recorded, inquest was held on the dead body of the deceased, panchanama of the scene was conducted and the dead body of the deceased was sent to post-mortem examination. On 1.10.2005, the accused were arrested at the house of A2 and their confessional statements were recorded. It was disclosed that A1 suspected the character of Dl and the investigation established that both the accused killed the deceased persons and therefore, they are liable for punishment under Section 302 read with 34 IPC. The case was taken on file as PRC No. 64 of 2005 by the Additional Judicial Magistrate of First Class, Armoor, and committed the same to the Court of Sessions, Nizamabad, and made over to the Court of III Additional District and Sessions Judge (Fast Track Court), Nizamabad.

(3.) After the appearance of the accused before the learned Sessions Judge, a charge under Section 302 read with 34 IPC was framed, read over and explained to them in Telugu and they pleaded not guilty.