KALIGITHI SEKHAR Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellant herein is the accused in Sessions Case No.45 of 2011, who faced the trial for the offences punishable under Ss. 302, 326 and 324 Indian Penal Code (for short IPC). By its Judgment dtd. 20/3/2013, the learned II Additional District and Sessions Judge, Amalapuram, convicted the accused for the offences punishable under Ss. 302, 326 and 324 IPC. The accused was found not guilty of the charge under Sec. 307 IPC and acquitted. The trial Court convicted and sentenced the accused to undergo imprisonment for life and also pay of fine of Rs.5,000.00 in default of the payment of the fine amount, he shall undergo simple imprisonment for the offence under Sec. 302 IPC, further sentenced to undergo rigorous imprisonment for three years, also pay a fine of Rs.2,000.00 in default of payment of fine amount, he shall undergo simple imprisonment for three months for the offence punishable under Sec. 326 IPC for the injuries caused to PW.1 - Thote Chellayamma. Further sentenced to undergo rigorous imprisonment for six months and also to pay a fine of Rs.500.00 in default of the payment of the fine amount, he shall undergo simple imprisonment for two months for the offence punishable under Sec. 324 IPC for the injuries caused to PW.1 and PW.2 - Thote Rajesh; the above sentences shall run concurrently.

(2.) The substance of the charges against the accused is that on 21/9/2010 at 07.00 PM at canal bund in Battelanka Village, murdered Thote Srinivas (hereinafter referred to as 'deceased') by hacking with a knife on the right side of his neck and also hacked Thote Chellayamma -- PW.1 and Thote Rajesh -- PW.2 with a knife made an attempt to commit murder.

(3.) In brief, the case of the prosecution's case is that :