SHAIK YEKIYAZ Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE sole appellant - A1 and his father - A2 were tried by the Court of V Additional Sessions Judge, Rayachoty, in S.C. No. 339 of 2007, for the offence of committing murder of one Mr. Shaik Hazi Masthan and causing grievous injuries to PW.3 - Shaik Mahaboob Saheb, on 03.10.2007 at Rayachoty. After conducting full -fledged trial, the trial Court acquitted A2, but convicted A1 for the offences punishable under Sections 302 and 324 I.P.C. Sentence of imprisonment for life was imposed for the offence under Section 302 I.P.C., and that of two years RI was imposed for the offence under Section 324 I.P.C. Both the sentences were directed to run concurrently. Hence, this appeal.

(2.) THE case of the prosecution in brief, was this: The deceased - Shaik Hazi Masthan was a Muthavalli at Masapet, Rayachoty. A1, who is a fruit vendor on a four -wheel cart, used to park it at the threshold of the Mosque every time, when he came to offer prayers, and that the Muthavalli warned him, on several occasions. On one occasion, the Muthavalli has forcibly taken away the cart, and on that, A1 got enraged and made an attempt even to attack the Muthavalli, by throwing a stone.

(3.) WITH these and other allegations, PW.1 accused A1 and A2 of committing murder of Muthavalli. PW.10, the Investigating Officer (IO) is also said to have received intimation of death - Ex.P.9, from the hospital, and soon thereafter, registered Crime No. 215 of 2007 and commenced the investigation. He caused the scene of offence panchanama drawn, inquest and post -mortem conducted. He has also examined various listed witnesses and filed a charge sheet. The trial Court framed the following charges against A1 and A2: