AFROZ KHAN Vs. STATE OF A.P.

JUDGEMENT

(1.) IN S.C.No.199 of 2008 on the file of I -Additional Sessions Judge, Adilabad, A -1 to A6 were tried for the offence of committing murder of Sk Wahid Kureshi on 26.03.2007 near Nataraj Talkies, Adilabad at 1230 noon. Through its judgment dated 23.09.2009, the trial Court acquitted A5 and A6, but convicted A1 to A4 for the offence, punishable under Sec.302 IPC, and sentenced them to undergo rigorous imprisonment for life. Fine of Rs.2500/ - on each was imposed, and in default of payment of fine they were directed to undergo simple imprisonment for three months. Hence, A1 to A4 filed this appeal under Sec.374(2) of Criminal Procedure Code.

(2.) THE case of the prosecution was that the deceased was running a lottery with the help of others, and on 26 -03 -2007, he left the home at 10.00 am, after taking meals and was conducting the lottery in front of the Nataraj Talkies. At that time, A1 to A6 are said to have come to the deceased and A -1 asked him to pay his share. The deceased is said to have refused to pay anything, denying his liability. It was alleged that, A1 to A4 outraged by the said reply have attacked the deceased, A5 was threatening the by -standers from interfering in the matter by wielding his shirt; and A -6 was standing, there to prevent others from interfering.

(3.) AFTER investigating the matter, PW -14 filed a charge sheet against the accused. The trial Court framed necessary charges with reference to the provision of law, and conducted trial.