SARAGULA BAPIRAJU Vs. STATE OF A P

JUDGEMENT

(1.) Accused Nos.1 to 3 in S.C. No.71 of 1999 have filed this appeal seeking setting aside of the judgment of the trial Court convicting and sentencing them. A1 was found guilty under Section 302 IPC and sentenced to life imprisonment. He was also fined Rs.500/-. A2 and A3 were found guilty for the offence under Section 302 read with 34 IPC. They were also sentenced to life imprisonment and fined Rs.500/-. In default of payment of fine they have to undergo simple imprisonment for two months each.

(2.) After the charges were framed the accused pleaded not guilty and claimed to be tried. Prosecution examined 12 witnesses and exhibited 28 documents. For accused no evidence was led, however an exhibit was marked from a portion of the statement of P.W.I recorded under Section 161 Cr.P.C.

(3.) Briefly the prosecution presented the case that, on 3-7-1998 at about 7.00 or 8.00 p.m., there was a quarrel between the accused and PW4 in front of the house of the deceased in Harijana peta. The deceased came out of his house and asked the accused persons about the incident but they attacked him with Pota Kathi. A1 and A3 caught hold of the deceased while Al hacked the deceased with Pota Kathi and caused serious injuries to him. The accused thereafter left the place of occurrence with the weapon in their hands. The wife of the deceased witnessed the incident and went to P.W.I and made a statement about the incident before him. The Village Administrative Officer (P.W.1) recorded the statement of the wife of the deceased and sent the same to the police station. Police registered a case on the basis of report given by P.W.I, investigated the matter and filed the charge sheet. The body was also sent for post-mortem. The Doctor (P.W.9) gave a certificate of post-mortem being Ex.P25 on 4-7-1998.