GANDLA RAJENDER Vs. STATE OF A.P.,

JUDGEMENT

(1.) APPELLANTS No.1 and 2 are spouses and the 3rd appellant is said to be their friend. All the three were charge -sheeted by the Sub -Divisional Police Officer, Kamareddy, for the offences punishable under Sections 302 read with 34 of I.P.C., and Section 3(2)(v) of the SC/ST (POA) Act, 1989, in the Court of Special Judge for trial of cases under SCs/STs (PoA) Act, Nizamabad. Through Judgment, dated 30 -12 -2011, the trial Court found the accused guilty of the charges, convicted and sentenced them to undergo imprisonment for life on both the counts together with fine of Rs.100/ -, in default, sentence of simple imprisonment for two months.

(2.) THE facts presented by the prosecution are as under: Smt.Koneti Mary Prabhavathi (P.W.1) is the first wife of Koneti Devidas (L.W.2), who is working as a Police Constable. They had one son, by name Prakash (hereinafter referred to as the deceased) and daughter by name Mounika. Devidas has taken one Gangamani as his second wife and that lead to the disputes between P.W.1 and Gangamani. P.W.1 and her two children started living in Harijanwada, Kamareddy, whereas Devidas, and Gangamani, were living in Police quarters. A.1 is also a Police Constable and he too was residing in the Police Quarters along with his wife A.2. A.1 and A.2 had a daughter by name Nandini. It is alleged that the deceased Prakash used to tease Nandini when he visited his fathers (L.W.2) residence. On 5 -12 -2007 at about 12.30 noon, A.1 and A.2 along with their friend A.3 are alleged to have beat the deceased. While A.1 is alleged to have beat the deceased with a small stick, A.2 and A.3 are said to have assaulted the deceased with hands. It was alleged that immediately, the parents of the deceased came and took the injured to their house. At about 5.30 p.m., the mother of the deceased (P.W.1) filed a complaint, Ex.P.6 with the Sub -Inspector of Police, Kamareddy, and on its basis, Crime No.347 of 2007 was registered and F.I.R. (Ex.P.7) was issued. The injured was firstly treated by P.W.8 at the Government Hospital, Kamareddy and since brain haemorrhage was suspected, he was referred to Gandhi Hospital, Hyderabad. On 12 -12 -2007, in the evening hours, the injured succumbed to the injuries. Inquest was conducted and body was subjected to post -mortem examination by P.W.12. As per post -mortem examination report Ex.P.16, the cause of death is said to be the head injury. Investigation was commenced; but the conclusion thereof was delayed. It was in October, 2009, that P.W.9 recorded the statements of the witnesses and laid the charge -sheet before the Judicial Magistrate of First Class, Kamareddy, where it was registered as P.R.C.No.86 of 2009. After complying with the statutory requirements of Code of Criminal Procedure, the learned Magistrate has committed the case to the Special Judge for Trial of Cases under SCs/STs (POA) ActcumVIII Additional District Judge, Nizamabad and the same was numbered as S.C.No.15 of 2010.

(3.) THE learned Special Judge found the accused guilty, convicted and sentenced them as stated supra.