CHANDURU JAMMANNADORA Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant A-1 against the judgment dated 29-5-2008, in Sessions Case No. 46 of 2007, delivered by II Additional Sessions Judge, Fast Tract Court, Parvathipuram. The appellant A-1, along with the other accused was tried by the learned Sessions Judge for the charges under Sections 148, 302 and Section 201 read with Section 149 IPC. The learned Sessions Judge while acquitting A-3, A-4, A-6 to A-10 found A-1 guilty of the offences punishable under Sections 302 and 201 IPC, convicted and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/-, in default, to undergo simple imprisonment for one year for the offence punishable under Section 302 IPC and also sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/-, in default, to undergo simple imprisonment for two months for the offence punishable under Section 201 IPC and directed that both the sentences shall run concurrently. Originally, the case was registered against A-1 to A-10. During the course of trial, A-2 died and accordingly the case against him was abated. So far as A-5 is concerned, since he is a juvenile, he was not shown in the array of the accused and that the police produced him before V Metropolitan Magistrate, Visakhapatnam. After full trial, A-3, A-4 and A-6 to A-10 were found not guilty and accordingly, they were acquitted of all the charges framed against them. So far as A-1 is concerned, he was found guilty and was convicted as stated above. Being aggrieved, A-1 preferred the present Criminal Appeal.

(2.) The prosecution case, in brief, is as follows:

(3.) During the course of trial, the prosecution, in order to establish the guilt of the accused for the offences punishable under Sections 148, 302 and Section 201 read with Section 149 IPC, examined P.Ws. 1 to 17 and got marked Exs. P-1 to P-20 and M.Os. 1 to 3. On behalf of the accused, no oral or documentary evidence was adduced.