CHEKURI RAJA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) Appellant in Criminal Appeal No. 274 of 2015 is Accused No. 1 and the appellant in Criminal Appeal No. 136 of 2015 is Accused No. 2. The appellants along with Accused No. 3 (died pending trial) were tried in Sessions Case No. 280 of 2008 on the file of the learned X Additional Sessions Judge, Krishna, Machilipatnam.

(2.) Originally, A2 and A3 were tried for the offences punishable under Ss. 457, 397 and 302 I.P.C., and A1 was tried for the offences punishable under Ss. 457, 397 and 302 r/w 34 I.P.C., for causing the death of Pitchuka Srinivasa Rao (hereinafter, referred to as "the deceased") by trespassing into his house at the time of committing robbery on the night of 3/2/2008 at 9.30 p.m.,

(3.) Vide judgment dtd. 19/1/2015, the learned X Additional Sessions Judge, Krishna, Machilipatnam convicted accused No. 2 for the offences punishable under Ss. 457, 397 and 302 I.P.C., and convicted Accused No. 1 for the offence punishable under Ss. 457, 397 and 302 r/w 34 IPC and sentenced Accused No. 1 to undergo rigorous imprisonment for a period of five years and also to pay a fine of Rs.2,000.00, in default of payment of fine, to undergo simple imprisonment for three months for the offence u/s 457 IPC, he is further sentenced to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs.2,000.00, in default of payment of fine, to undergo simple imprisonment for three months for the offence u/s 397 IPC and he was also sentenced to undergo life imprisonment and to pay a fine of Rs.3,000.00, in default of payment of fine, to undergo simple imprisonment for a period of one year for the offence u/s 302 IPC. Accused No. 2 was sentenced to undergo rigorous imprisonment for a period of five years and also to pay a fine of Rs.2,000.00, in default of payment of fine, to undergo simple imprisonment for three months for the offence u/s 457 IPC, he is further sentenced to undergo rigorous imprisonment for a period of seven years and also to pay a fine of Rs.2,000.00, in default of payment of fine, to undergo simple imprisonment for one year for the offence u/s 397 IPC and he was also sentenced to undergo life imprisonment and to pay a fine of Rs.3,000.00, in default of payment of fine, to undergo simple imprisonment for a period of one year for the offence u/s 302 IPC. Challenging the said conviction and sentence imposed by the learned X Additional Sessions Judge, the accused 1 and 2 preferred these two separate Criminal Appeals under Sec. 374(2) Cr.P.C,