RAJANA APPA RAO Vs. P. P. , HYD

JUDGEMENT

(1.) Accused No. 1 in Sessions Case No. 96 of 2015 on the file of I Additional Sessions Judge, Vizianagaram, is the Appellant herein. Originally, Accused No.1 to 3 were tried for the offence punishable under Sec. 304-B Indian Penal Code ['I.P.C.'] or alternatively for an offence punishable under Sec. 302 I.P.C.

(2.) As seen from the record, a charge-sheet was filed against Accused No.2 and 3 vide P.R.C. No. 03 of 2002 in Sessions Case No. 156 of 2002. The case against Appellant/Accused No.1 was split as he was absconding for about 15 years. Accused No.1 was arrested and produced before the Court on execution of Non-Bailable Warrant. On 26/7/2015, the case was committed to the Court of Sessions, wherein, it came to be numbered as S.C. No. 96 of 2015. Accused No. 1 faced trial as an "under trial prisoner". It is also to be noted here that, the case against Accused No. 2 and 3 ended in acquittal, as there was no evidence to connect them with the crime, vide Judgment, dtd. 24/8/2007.

(3.) However, the learned Sessions Judge convicted the appellant herein for the offence punishable under Sec. 302 I.P.C. and sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs.1,000.00 in default to undergo simple imprisonment for one month. It is against this conviction and sentence of imprisonment for the offence punishable under Sec. 302 I.P.C., the present appeal came to be filed.