SHAIK FEROZ KHAN Vs. STATE OF A.P.

JUDGEMENT

(1.) THE appellant herein is the accused in SC No.327 of 2008 on the file of the Principal Sessions Judge, Warangal. He was tried for the offence of causing death of one Mohd.Rahmath Khan on 30.10.2007 at 17.30 hours. The trial Court, through its judgment, dated 09.11.2009 convicted the accused for the offence punishable under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.25,000/ - and in default to undergo simple imprisonment for 3 years.

(2.) THE sequence of events, as provided by the prosecution, to connect the death of the deceased with the accused, is as under: Sameena Begum PW -2 is from Charbouli area of Warangal. As many as three persons i.e. the accused, the deceased and another person, by name, Afroz Khan, are said to have fallen in love with that woman. Ultimately, the marriage of PW -2 took place with the deceased, who is the brother of PW -1 and bother -in -law of PW -3.

(3.) PW -7 is said to have noticed the dead body in the tank when he want there to answer the nature call and he, in turn, informed the matter to PW -5, a photographer. Both of them are said to have conveyed the message to the Station House Officer, Subedari - PW -15. The body is said to have been recovered and on finding a notebook in the pocket of the deceased, which contains the telephone number of PW -4, PW -15 is said to have contacted that gentleman. Thereafter, it emerged that the deceased is the brother of PW -1 and message was given to him. PW -1 submitted a complaint - Ex.P -1 narrating the entire sequence of events. The scene of offence panchanama was prepared, inquest was conducted and post mortem was arranged. The accused is said to have made an extra judicial confession before PW -10. Taking that and other aspects into account, PW -17 filed charge sheet.