GOKEDA PYDITHALLI Vs. STATE OF A.P

JUDGEMENT

(1.) The appeal assails the judgment dtd. 31/3/2009 passed by the learned II Additional District and Sessions Judge (Fast Track Court), Vizianagaram at Parvathipuram, in Sessions Case No.71 of 2005.During the pendency of the appeal, A-2 died on 7/5/2021 and as such, appeal filed for the A-2 has abated vide this Court's order dtd. 6/10/2023.

(2.) The accused No.1 and 2 were tried for the offence U/s.302 of Indian Penal Code, 1860 (hereinafter referred to as ('I.P.C.') for causing the death of one Smt.Senapathi Demudamma (hereinafter referred to as deceased) on 12/10/2004 at about 09.00 p.m. in Veeluparthi Village, near the house of Senapathi Tata (P.W-1). The accused A-3 along with A-4 were tried for the offence U/s.302 r/w.34 of I.P.C. for causing death of Smt.S.Demudamma. A-1 was also tried for the offence U/s.324 I.P.C. for voluntarily causing simple hurt to Gokeda Somulamma (P.W-4) on or about the same day, time and place mentioned above. A-2 and A-3 along with A-4 were tried for the offence U/s.324 r/w.34 of I.P.C. for voluntarily causing simple hurt to Smt.G.Somulamma (P.W-4) on or about the same day, time and place mentioned above. A-1 and A-2 were further tried for the offence U/s.323 I.P.C. for voluntarily causing hurt to S.Tata (P.W-1), S.Chellam Naidu (P.W-2), S.Appala Ramana (P.W-3), G.Satyanarayana (P.W-5) and G.Kannayya (P.W-6) on or about the same day, time and place mentioned above.A-3 along with A-4 were further tried for the offence U/s.323 r/w.34 I.P.C. for voluntarily causing hurt to the above persons on the same day, time and place mentioned above.

(3.) The learned II Additional District and Sessions Judge (Fast Track Court), Vizianagaram at Parvathipuram, vide judgment dtd. 31/3/2009 convicted A-1 and A-2 for the offence U/s.304-I, 324 and 323 r/w.34 of I.P.C., A-3 was convicted for the offence U/s.324 and 323 of I.P.C. Accordingly, sentenced A-1 and A-2 to undergo rigorous imprisonment for 10 years each, and also to pay fine of Rs.1,000.00 each, in default of payment of fine, to undergo simple imprisonment for a period of six (06) months each for the offence U/s.304-I I.P.C; Sentenced A-1 to undergo rigorous imprisonment for a period of two years and also to pay fine of Rs.500.00, in default of payment of fine, to undergo simple imprisonment for a period of three (03) months for the offence U/s.324I.P.C; Sentenced A-1 to undergo simple imprisonment for a period of three months and also to pay fine of Rs.100.00, in default of payment of fine, to undergo simple imprisonment for a period of 15 days for the offence U/s.323 I.P.C.