KATHI VENKANNA Vs. STATE OF A.P.

JUDGEMENT

(1.) THESE three appeals arise out of the judgment, dated 05.10.2009, in S.C.No.38 of 2008 on the file of Special Judge for the Trial of Offences under SCs and STs (POA) Act - cum - VI Addl. Metropolitan Sessions Judge, Secunderabad.

(2.) ACCUSED Nos.1 to 10 were tried in that case for the offences punishable under Sections 364 -A, 342, 387 r/w Section 511, 395, 506 Part II r/w Section 120 -B and 34 of IPC and Section 27 of Indian Arms Act. The trial Court acquitted accused Nos.4,5,6,9 and 10 of all the charges framed against them and convicted accused Nos.1,3,7 and 8 for the offence punishable under Section 364 -A IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs.200/ - each, in default, to undergo simple imprisonment for two months each. Accused No.2 was convicted for the offence punishable under Section 364 -A IPC r/w Section 120 -B IPC and similar punishment was imposed. However, accused Nos.1,3,7 and 8 were found not guilty of the offences punishable under Sections 342,387 r/w Section 511, 395, 506 Part -II r/w Section 120 -B IPC and accused No.2 was found not guilty of the offences punishable under Sections 342, 387 r/w Section 511, 395, 506 Part -II IPC and Section 27 of Indian Arms Act and, accordingly, they were acquitted.

(3.) THE trial Court convicted the appellants herein, while acquitting the other accused in the case. Sri A. Prabhakar Rao and Smt. A. Gayatri Reddy, learned counsel for the appellants, submit that the conviction of the appellants was based upon the statement of P.W.2, and that there are any number of contradictions in it. They further submit that there was absolutely no basis for convicting the appellants and imposing such a serious punishment upon them.