POTETI YELLAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) THESE two appeals arise out of the judgment dated 08 -02 -2010 rendered by the Court of III Additional Sessions Judge (FTC), Khammam in S.C. No. 333 of 2009. All the three accused were put to trial with the charges of murder and robbery at a religious place in Thallampadu Village of Khammam District, on the intervening night of 9th/10th of September, 2007. The case against A2 is said to have been split up due to his non -availability. The trial Court convicted Ab 1 and A3 for the offences alleged against them. Sentences of imprisonment for life and fine of Rs. 1,000/ - each was imposed on both the accused, for the two offences, separately. The sentences, however, were directed to run concurrently. While A1 filed the Crl. A. No. 916 of 2010, A3 filed Crl. A. No. 326 of 2010.

(2.) THE case of the prosecution was that, the deceased by name, Mummalaneni Sambasiva Rao, became a religious personality, and with his own funds, he constructed a three storied building abutting the main road from Khammam to Suryapet in the Tallampadu Village. Lord Shiva Temple existed on the second floor. Sambasiva Rao and his wife, P.W. 1, were residing in the first floor, and the facilities for devotees were provided in the ground floor. At around 11:00 p.m., on 09 -09 -2007 Sambasiva Rao is said to have woken up and opened the door to go to the ground floor to answer nature call, and at that time, three unknown persons came and gained entry into the premises. They are said to have dealt blows upon P.W. 1, and took Sambasiva Rao to the ground floor and caused his death. They are also said to have taken away DVD player, Mangalasutra and two ear studs of P.W. 1, and bolted the premises from outside by leaving her inside. The land telephone connection is said to have snapped away by the culprits.

(3.) A written complaint, Ex. P1, was submitted by P.W. 1 at 10:00 a.m., after the police reached the place of occurrence. The scene of offence panchanama was prepared, inquest on the body was conducted, and it was sent for post -mortem examination. The statements of the persons, who are acquainted with the incident, were recorded.