ANDHAVARAPU CHANDRASEKHAR @ CHANDRA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Criminal Appeal is preferred by A.1 and A.3 in S.C.No.43 of 2007, on the file of II Additional District & Sessions Judge (Fast Track Court), Srikakulam. Through its judgment, dated 10.02.2009, the trial Court convicted A.1 to A.3 of the offences punishable under Sections 364 and 302 r/w Section 34 IPC. Punishment of imprisonment for life and fine of Rs.1,000/ - each, in default, to undergo rigorous imprisonment for six months, was imposed for the offence punishable under Section 302 r/w Section 34 IPC. The trial Court also imposed the punishment of rigorous imprisonment for seven years and fine of Rs.1,000/ - each, in default, to undergo rigorous imprisonment for six months, for the offence punishable under Section 364 r/w Section 34 IPC. Both the sentences were directed to run concurrently.

(2.) IN the present appeal, Crl.M.P.No.445 of 2011 was filed, with a prayer to declare A.3 as a juvenile. After hearing both parties, this Court passed an order, dated 28.02.2011, declaring A.3 as a juvenile. Accordingly, the benefit available to a juvenile was extended, and he is no more a convict, much less, he is serving the sentence. The appeal is now confined only to A.1. The record discloses that A.2 did not file an appeal.

(3.) P .W.1 submitted a complaint (Ex.P.1) before the P.S. Pathapatnam at 8.00 a.m., narrating the incident, and crime No.56 of 2005 was registered. He did not state the involvement of anyone, and obviously for that reason, Section 174 Cr.P.C. was mentioned therein. The police prepared scene of offence panchanama and conducted inquest, and caused post -mortem. Further investigation was taken up.