N.JAKRAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A 1 to A7 were tried in S.C.No.370 of 2009 on the file of the I Additional Sessions Judge, Guntur alleging that they caused the death of one Dodda Srinivasa Rao and injuries to his elder brother, Dodda Samuel in the evening of 17.11.2008 at Challavaripalem Village of Guntur District.

(2.) THROUGH its judgment, dated 07.01.2010, the trial Court acquitted A4 to A7 of all the charges, however, A1 to A3 were convicted of the offence punishable under Section 302 read with Section 34 I.P.C. and punishment of imprisonment for life and fine of Rs.100/ -, in default to suffer simple imprisonment for one week, was imposed against each of them. They were also found guilty of committing the offence punishable under Section 326 read with Section 34 I.P.C. Sentence of Rigorous Imprisonment for three years and fine of Rs.100/ -, in default to undergo simple imprisonment for one week each was imposed against A1 to A3. Hence, this appeal by those three accused.

(3.) P .W.1 was working as a Driver at Bangalore. He is said to have come to his native place on 15.11.2008. P.W.2 is said to have complained to P.W.1 about the conduct of A1 and that the money earned by her by doing labour work was also appropriated by A1 by getting it through their son. P.W.1, his brother -the deceased, P.W.3 -son of elder sister of P.W.1 and another person, by name Velagathoti Kumar (not examined), are said to have gone to the house of A1 to discuss with him, the problems being faced by P.W.2. During the course of discussion, A1 is said to have become wild and himself, his brother -A2, and A3 -the son of A2, attacked firstly upon Srinivasa Rao, the deceased, with iron rods and when P.W.1 sought to intervene, injuries were caused to him. In an Ambulance, the deceased and P.W.1 are said to have been brought to the Hospital at Guntur.