SHAIK SONDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellants, A1 to A3 in Sessions Case No.288 of 1995 on the file of Sessions Judge, Khammam preferred the present Criminal Appeal as against the conviction and sentence imposed against them by judgment dated 27.07.1999 whereunder A1 was convicted for the offence punishable under Section 304-II IPC and sentenced to undergo Rigorous imprisonment for a period of five years and A2 and A3 were convicted for the offence punishable under Section 324 IPC and sentenced to undergo Rigorous imprisonment for a period of one year each.

(2.) The Inspector of Police, Kothagudem filed charge sheet against the accused before the Judicial Magistrate of First Class, Kothagudem in crime No.83 of 1995 of I Town Police Station, Kothagudem under Section 302 read with 34 IPC, which was taken on file by the learned Magistrate as P.R.C.No.64 of 1995 and the same was committed to the Court of Session, Khammam and the learned Judge recorded the evidence of P.Ws.1 to 14 and marked Exs.P1 to P8 and MOs 1 to 7 in S.C.No.288 of 1995 and ultimately recorded conviction and imposed sentence as referred to supra.

(3.) The case of the prosecution is as follows: On 23.05.1995 the auto bearing No.AHT 9050 being driven by A1 was engaged by marriage party in connection with marriage of cousin sister of the deceased Shaik Salam, who was a KD sheeter in Kothagudem I Town Police Station and resident of Ramanjaneya Colony, Kothagudem, to carry the couple from the venue to bus stand for Rs.40/-. While carrying the couple from the venue, on the way, A1 refused to take the couple on the plea that it was too late and he had to attend some urgent work an then insisted the couple to get down from the auto and then the deceased Shaik Salam intervened in the matter and there arose a quarrel between A1 and the deceased and then P.W.1 intervened and pacified the quarrel and that on the next day on 24.05.1995 at about 6 Pm, the deceased went to the house of A1 and shouted at them, keeping the grouse regarding previous incident and on 25.05.1995 at about 6 Pm, the deceased went to the house of A1 and shouted at them, keeping the grouse regarding previous incident and on 25.05.1995 at about 9 Am, the deceased again went to the house of A1 and abused him in filthy language, challenged him as to why they reported the matter in he police station and that the accused, who were waiting for a chance to teach a lesson to the deceased, took advantage of the situation, A1 beat the deceased with a handle of the axe on his head, A2 beat with a cot wooden rafter on his legs, to which the deceased ran towards the house of Ramzan and then A1 to A3 chased the deceased, caught hold of him near the house of Ramzan and beat him indiscriminately. A3 also beat with a wooden rafter of cot and caused fatal injuries with an intention to do away with the deceased and that P.W.1, the brother of the deceased, Shaik Mahaboob, P.W.2, Shaik Khader and another witnesses the attack on the deceased and that Shaik Salam, who received injuries in the attack succumbed to the injuries on the intervening night of 25/26.05.1995 at about 1.20 Am. It is further alleged that A1 to A3 were arrested on 06.06.1995 and at their instance, the handle of the axe from A1, 3 pieces of wooden cot rafter from A2 and one cot rafter from 3 were recovered.