PERUGU BIXAM Vs. STATE OF A P

JUDGEMENT

(1.) Heard learned Counsel for the appellants as well as learned Public Prosecutor. Crl. A. No.1594 of 2001 has been filed by A-2, whereas Crl.A.No.108 of 2002 has been filed by A-1 against same judgment passed in Sessions Case No.369 of 1997 on the file of the Sessions Judge, Khammam. There were five accused in the case. A-3 had died. A-4 and A-5 have been acquitted by the Trial Court. The appellants/ A-l and A-2 have been convicted of the offence under Section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/- in default they have to suffer rigorous imprisonment for two months each.

(2.) The allegation against A-l to A-4 was that on 19-2-1994 at 8.30 p.m. at the mango garden of one Gunti laiah near Rampuram Village, in furtherance of their common intention, they committed the murder by causing the death of one Kancherla Venkat Reddy. There was also an allegation of abetment against A-5 with which we are not concerned presently as he has already been acquitted and there was no appeal against the acquittal. On the basis of these allegations a charge under Section 302 read with 34 IPC was framed against A-l to A-4. They pleaded not guilty and were tried. A-3 had died. A-4 has been acquitted and A-l and A-2 have been convicted.

(3.) The prosecution examined 16 witnesses and exhibited 11 documents. The whole case rests upon the evidence of P.Ws.2 and 3 who were projected as eyewitnesses to the occurrence. If their evidence is believed, then it is likely that the prosecution would succeed in getting the conviction confirmed, but if we find, on the other hand, that evidence of these two witnesses is not trustworthy, then there would be no evidence to connect the accused with the commission of offence. Therefore we go directly to the evidence of P.Ws.2 and 3. However, it may be necessary to mention briefly that P.W.I is the mother of the deceased and she filed first information report Ex.P-1. She gave the first information report on the basis of the information received by her from P.W.2.