LAWS(APH)-2014-2-75

INDLA MARIYADASS Vs. STATE OF A.P.

Decided On February 11, 2014
Indla Mariyadass Appellant
V/S
STATE OF A.P. Respondents

JUDGEMENT

(1.) THIS appeal is filed by accused No.2, in SC No.346 of 2003 on the file of the VI Additional District and Sessions Judge, Prakasam at Markapur. Through its judgment dated 27.06.2006, the Trial Court held A -1 and A -2 guilty of the offence punishable under Section 302, read with Section 34, IPC and imposed punishment of imprisonment for life and fine of Rs.200/ - each, in default to undergo simple imprisonment for three months. In addition to that A -2 was found guilty of offence punishable under Section 324 IPC and imposed punishment of rigorous imprisonment for one year. Both the sentences passed against A -2 were directed to run concurrently. It is necessary to mention that A -1 filed Criminal Appeal No.1646 of 2006 before this Court and a Division Bench of this Court dismissed the same through judgment dated 20.08.2009.

(2.) THE case of the prosecution, as presented before the trial Court, is as under:

(3.) ON receiving information from the village servant, PW -1 submitted a complaint to the police in the early hours of 09.09.2002. PW -8 - Station House Officer of PS., Mundlamur, received the complaint and registered Crime No.60 of 2002. Investigation was taken up by the Sub -Inspector of Police - PW -10. Scene of offence panchanama was conducted, inquest and post mortem report were obtained. Further investigation was conducted by the C.I. of Police and a charge sheet was filed. The trial Court framed the following charges: