VEMULA VEERA SWAMY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS batch of four Criminal Appeals arises out of S.C. No. 99 of 2007 on the file of the I Additional District & Sessions Judge, Krishna at Machilipatnam. Through its judgment dated 15.12.2009, the trial Court convicted A. 1 and A. 2 for the offence punishable under Section 302 I.P.C., and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs. 100/ -, in default to undergo simple imprisonment for one month, A. 3 and A. 4 were convicted for the offence punishable under Section 302 r/w 34 I.P.C. and the same sentence as imposed against A. 1 and A. 2 was imposed against them also.

(2.) CRIMINAL Appeal Nos. 138, 213, 865 and 266 of 2010 are filed by A. 1 to A. 4 respectively. All of them are accused of causing the death of Vemula Sankara Rao at Lakshmanaraopuram of Machilipatnam on 07.05.2006 at 9.00 p.m.

(3.) THE deceased is said to have gone out as usual on 07.05.2006 but did not turn up, even by night. P.W. 1 is said to have got anxious and when she was about to take steps for searching him, her sister -P.W. 2, came to her house. P.W. 1 said to have asked P.W. 2 to remain in house and gone out in search of her husband. At about 9.00 p.m., she is said to have come across her husband near the house of P.W. 6, coming on his motorcycle. On seeing P.W. 1, the deceased is said to have stopped the motorcycle and in the meanwhile, A. 1 and another person suddenly pounced upon the deceased and stabbed him indiscriminately. The deceased is said to have fell down in a pool of blood and the assailants have fled away. People are said to have gathered at the place of occurrence and in response to the information given by one of them, the police patrol van came within a short time. P.W. 2 is also said to have come to the spot in the meanwhile, and on the way, she has noticed four assailants including A. 1.