S SRINIVASA CHARY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A-l to A-5 are appellants herein. They were tried in Sessions Case No.30 of 2000 by the I Additional Metropolitan Sessions Judge-cum-Chief Metropolitan Magistrate, Hyderabad under two charges. The first charge against all the accused was under Section 302 of the Indian Penal Code. On evidence the learned Judge convicted A-l, A-2 and A-5 for the said offence and sentenced them to suffer imprisonment for life and to pay a fine of Rs.200.00 each, in default, to suffer simple imprisonment for one month each. The second charge against all the accused was under Section 307 read with Section 34 of the Indian Penal Code. On evidence the learned Judge convicted A-3 and A-4 for the offence punishable under Section 307 I.P.C. and sentenced them to suffer rigorous imprisonment for five years and to pay a fine of Rs.200.00 each, in default to suffer simple imprisonment for one month each. The accused-appellants were given set off under Section 428 Cr.P.C. Aggrieved by the said order of conviction and sentence, the accused have preferred the present appeal.

(2.) The prosecution story can be briefly narrated as follows:

(3.) The information regarding the death of the deceased was given by P.W.5 over telephone. Unfortunately P.W.5 did not support the prosecution case. On getting the information, P.W.13, the Sub-Inspector of Police, arrived at the scene of offence and recorded the statement of P.W.1, which is produced on record as Ex.P-1. On the strength of Ex.P-1, a case in Cr. No.96 of 1998 was registered against the accused under Sections 302 and 307 read with 34 I.P.C. P.W.13 recorded the statements of eyewitnesses, viz., P.Ws. 1, 2, 4 and 8. The injured-P.W.8 and the deceased were removed to Hospital.