SHAIK FAYAZ Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Originally, three accused were charge sheeted for the offences punishable under Sec. 302 of Indian Penal Code, 1860 [for short, 'I.P.C.'] against A.1 and Sec. 302 r/w. Sec. 114 IPC against A.2 and A.3 in S.C.No.250 of 2001 on the file of IV Additional Sessions Judge, Nellore. As A.1 absconded pending trial, the case against him was separated vide S.C.No.346 of 2005. Later, A.3 absconded after commencement of trial. His case was separated vide S.C.No.59 of 2007. Hence, A.2 alone faced trial in S.C.No.250 of 2001 and he was acquitted. Against the acquittal of A.2, the State preferred appeal vide Criminal Appeal No.615 of 2013 before the High Court, which came to be dismissed at the admission stage on 25/4/2013.

(2.) Subsequently, A.3 faced trial and vide judgment dtd. 4/12/2014, the learned IV Additional District and Sessions Judge, Nellore, convicted the accused for the offence punishable under Sec. 302 read with Sec. 114 of I.P.C. and sentenced him to suffer Imprisonment for Life. Against the conviction and sentence imposed against A.3, the present appeal is filed.

(3.) The substance of the charge against the accused is that on 7/12/1999 at about 4.00 p.m. near Palmyra trees, situated in the fields of Brundavan Nagar, Kavali Town, A.2 and A.3 abetted A.1 to commit murder of Mannemala Venkateswarlu Reddy and in the course of the same, A.1 is said to have stabbed the deceased on the instigation of A.2, while A.3 caughthold of the deceased to facilitate A.1 in stabbing the deceased/Mannemala Venkateswarlu Reddy.