BEHARA MOHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These Criminal Appeals are preferred against the judgment dtd. 11/10/2023 in Sessions Case No.49 of 2023 on the file of the Special Judge for trial of cases under the SCs and STs (PoA) Act, 1989-cum-VIII Additional District and Sessions Judge, West Godavari at Eluru.

(2.) Appellant in Criminal Appeal No.195 of 2024 is A.2; appellant in Criminal Appeal No.207 of 2024 is A.1 and Appellant in Criminal Appeal No.551 of 2024 is A.3, in the aforesaid Sessions Case. In the said Sessions Case, the learned Special Sessions Judge tried the appellants herein, along with other accused A.4 to A.6.

(3.) Substance of charges against the accused is that - on 13/6/2023 at about 9.00 PM, on the road situated at the back side road of Monastery, Vidya Nagar, Eluru, A.1 to A.4 conspired together to commit an offence i.e. to pour acid on Smt. Yadla Fransina @ Francinamma (hereinafter referred to, as 'the deceased'), and thereby they committed an offence punishable under Sec. 120B read with 34 IPC; that on the same date, time and place, A.2 and A.3 wrongfully restrained the deceased from proceeding further and thereby committed an offence punishable under Sec. 341 IPC; that on the same date, time and place, A.2 and A.3, at the instigation of A.1, voluntarily caused grievous hurt by pouring acid on the deceased and thereby A.1 to A.3 committed an offence punishable under Sec. 326-A IPC; that on the same date, time and place, A.2 to A.4, at the instigation of A.1, intentionally and knowingly that their act would cause death, poured acid on her face and chest and caused death, and thereby A.1 to A.4 committed an offence punishable under Sec. 302 read with 34 IPC; that on the same date, time and place, A.2 and A.3 committed the offence punishable under the Indian Penal Code, knowing fully well that the defacto complainant belongs to a member of Scheduled Caste and thereby committed offences punishable under Sec. 3 (2) (v) of the SCs and STs (PoA) Amended Act, 2015; that on the same date, time and place, A.2 and A.3 committed the offences punishable under IPC as mentioned in the schedule of SCs and STs (PoA) Amended Act, 2015, knowing fully well that the defacto complainant belongs to a member of Scheduled Caste and thereby committed an offence punishable under Sec. 3 (2) (va) of the SCs and STs (PoA) Amended Act, 2015, and lastly that A.5 and A.6, prior to 13/6/2023 possessed and sold away corrosive acid to A.2 without proper licence and thereby contravened Rules 13 to 15 read with 19 of the A.P. Poisonous Possession and Sales Rules, 2016 punishable under Sec. 6 (1) (i) of the Poisonous Act, 2019.