KUNDRA MADHAVA KRISHNA Vs. STATE OF A P

JUDGEMENT

(1.) Appellants/A-1 and A-2 were tried for the offences under Sections 302 and 201 read with Section 34 of the Indian Penal Code in Sessions Case No. 149 of 1999 on the file of the III-Addl. Sessions Judge, Kakinada. A-1 has been convicted and sentenced to undergo imprisonment for life for the offence under Section 302 of IPC and rigorous imprisonment for five years and to pay a fine of Rs. 250/-, in default to suffer simple imprisonment for one month for the offence under Section 201 of IPC. A-2 has been convicted of the offence under Section 201 of IPC and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 250/- in default he has to undergo simple imprisonment for one month.

(2.) Crl.A.No. 566 of 2000 has been filed by A-2 and Crl.A.No. 748 of 2000 has been filed by A-1. Since both these appeals arise out of the same judgment, they are being disposed of together. We have heard the learned counsel for the appellants as well as the learned Public Prosecutor.

(3.) It was alleged by the prosecution that on 16-12-1998 at about 5.00 p.m. at Chepuru village both the accused committed the murder of Avala Lacharao @ Latchaya. A-1 had picked a knife, hacked the deceased on his neck and throat and A-2 had focused torchlight at him. Thereafter A-2 tied the body in a gunny bag and threw it in a well. Prosecution examined 12 witnesses and exhibited 30 documents.