ALAKUNTA NARSIMLOO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The two appellants herein - A-1 and A-2 in S.C. No. 25 of 1992 on the file of the Court of Additional Sessions Judge, Nizambad - were convicted under Ss. 302, r./w. 34, I.P.C. for committing the murder of the Alakunta Chinnaiah (hereinafter referred to as "the deceased") on 18-9-1991 as 5.30 p.m. at Babu Miyan hotel situated in Indira Nagar Colony of Pipri Village, Nizambad District, by intentionally inflicting knife injuries on various parts of his body resulting in his instantaneous death and each of them was sentenced to suffer imprisonment for life and to pay fine of Rs. 200.00 each in default to suffer simple imprisonment for six months.

(2.) The prosecution case, in brief, is as follows : The two accused are brothers and they are residents of Pipri village. The deceased also was a resident of the same village. The two accused suspected that the deceased was responsible for the death of A-1's wife about 19 days prior to the date of incident by practising sorcery. They, therefore, developed enmity against the deceased and were waiting for an opportunity to do away with him.

(3.) On 18-9-1991 at 5.30 p.m., when the deceased went to the hotel of one Babu Miyan in Indira Nagar colony of the village to have tea, A-1 and A-2, pursuant to their plan, came there armed with knives, approached the deceased and inflicted several knife injuries on several parts of his body, as a result of which, the deceased died instantaneously. The incident was witnessed by P.Ws. 2 and 3, who were present in the hotel at that time. P.W. 7, Razia Begum, the wife of the owner of the hotel, who was managing the hotel in the absence of her husband, testified about the presence of the deceased, his ordering for a cup of tea and by the time she went inside to prepare tea and came out, she found the deceased in a pool of blood. She also said in the cross-examination that P.Ws. 2 and 3 were present along with the deceased in the hotel at the time of the incident.