JALATAR SEKHAR Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), is filed by the appellants, who are accused Nos.1 and 2 in Sessions Case No.206 of 2009, on the file of the Court of Principal Sessions Judge, Kurnool (for short, 'the learned Sessions Judge'), challenging the judgment, dtd. 14/5/2010, where under the learned Sessions Judge found first appellant guilty of the offence under Sec. 304(Part-II) IPC as against original charge under Sec. 302 IPC and further found appellant No.2 not guilty of the offence under Sec. 302 R/w.34 IPC and further found the second appellant guilty for the offence under Sec. 324 IPC and accordingly convicted and sentenced the first appellant to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.2,000.00 in default to suffer Simple Imprisonment for two months for the offence under Sec. 304 (Part-II) IPC and further sentenced the second appellant to undergo Rigorous Imprisonment for six months and to pay a fine of Rs.500.00 in default to suffer Simple Imprisonment for one month for the offence under Sec. 324 IPC. The learned Sessions Judge acquitted both the appellants under Ss. 302 IPC and 302 R/w.34 IPC respectively.

(2.) The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.

(3.) Sessions Case No.206 of 2009 before the learned Sessions Judge, arose out of committal order in PRC No.107 of 2008 on the file of the Judicial Magistrate of First Class, Kurnool (for short, 'the learned Magistrate'), relating to Crime No.192 of 2008 of Kurnool II Town Police Station.