KOYEDA SANJEEV Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A 1 and his mother, A2, were tried by the Court of the III Additional Sessions Judge, Karimnagar in S.C. No. 124 of 2009 for the offences punishable under Sections 454, 380 and 302 I.P.C. Through its judgment, dated 15.10.2009, the trial Court acquitted A2, but convicted A1 for all the three offences. Sentence of imprisonment for life and fine of Rs. 2,000/ -, in default to undergo rigorous imprisonment for a period of six months was imposed for the offence punishable under Section 302 I.P.C. Sentence of two years rigorous imprisonment and fine of Rs. 1000/ -, in default to undergo rigorous imprisonment for three months was imposed for the offence punishable under Section 380 I.P.C. For the offence punishable under Section 454 I.P.C, punishment for one year rigorous imprisonment and fine of Rs. 500/ -, in default to undergo rigorous imprisonment for one month was imposed. All the sentences were directed to run concurrently. This appeal is preferred by A1.

(2.) P .W.1 is the resident of Pathagudur Village of Karimnagar District. Apart from doing agriculture, he runs a pesticides shop at Dharmaram Village. On 04.12.2008, he is said to have left his house for Dharmaram at 9.00 a.m. and when he was in the pesticides shop, he is said to have received a phone call at about 3.00 p.m. from his wife, L.W.2, to the effect that she i.e. L.W.2 left for the fields at 11.00 a.m. and when she came back in the afternoon, she found Almirah in the house opened and the contents thereof in a pell -mell condition and that the mother of P.W.1, an old woman of 80 years, was found dead in the kitchen. P.W.1 is said to have rushed to the village immediately and he found his mother dead and the house, is in a burgled condition, Neighbours are also said to have arrived at. According to him, he gave information to the Sub -Inspector of Police, Velgatoor, P.W.11, through phone and thereupon, the police reached his house. A written complaint, Ex. P1, is also said to have been given.

(3.) ON the next day, the scene of offence panchanama was prepared and inquest and post -mortem were caused. A1 is said to have apprehended on 11.12.2008 at Peddapally and various ornaments said to have been stolen from the house of P.W.1 are stated to have been recovered, in the presence of P.Ws.7 and 8. After completion of the investigation, P.W.13 filed a charge sheet.