SHAIKH KHASIM Vs. STATE OF A.P.

JUDGEMENT

(1.) A.1 to A.3 in Sessions Case No.352 of 2010 on the file of learned IV Additional District and Sessions Judge, Nellore, are the appellants herein. They were tried for offences punishable under Sec. 302 r/w. Sec. 34, 379 and 201 r/w. Sec. 34 Indian Penal Code, 1860 [for short, "I.P.C."].

(2.) Vide its judgment dtd. 24/2/2015, the learned Sessions Judge found A.1 to A.3 guilty of all the charges and sentenced them to undergo Life Imprisonment for the offence punishable under Sec. 302 r/w. Sec. 34 I.P.C and also to pay a fine of Rs.1000.00 each, in default, to suffer Simple Imprisonment for one year each. Further, A.1 to A.3 also sentenced to undergo Simple Imprisonment for three years and also to pay a fine of Rs.1000.00 each, in default, to suffer Simple Imprisonment for one year each for the offence punishable under Sec. 201 r/w. Sec. 34 I.P.C. Further, A.1 to A.3 also sentenced to undergo Rigorous Imprisonment for three years and also to pay a fine of Rs.1000.00 each, in default, to suffer Simple Imprisonment for six months each for the offence punishable under Sec. 379 r/w. Sec. 34 I.P.C. The substantive sentences were directed to run concurrently.

(3.) The gravamen of the charge against the accused is that on 4/9/2009 at 9.00 P.M., at Janath Hussain Nagar, Nellore, the accused caused the death of the deceased. A.1 is said to have beat Nellore Lakshmaiah [hereinafter referred as "deceased"] with a stick on the head while A.2 and A.3 tried a rope around the neck of the deceased.