G.A.VENKATRAMAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) Sole accused in Sessions Case No.677 of 2015 on the file of the Additional Sessions Judge, Hindupur (hereinafter referred to, as 'the learned Sessions Judge') is the appellant in the present Criminal Appeal. He was tried for the offences punishable under Ss. 302, 379, 201 and 411 of the Indian Penal Code, 1860 (for brevity 'IPC') by the learned Sessions Judge.

(2.) Vide Judgment, dtd. 27/10/2016, the learned Sessions Judge convicted the appellant herein/accused of the offences punishable under Ss. 302 and 379 IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.50,000.00, in default of payment of fine, he shall undergo rigorous imprisonment for a period of two (02) years more for the offence punishable under Sec. 302 IPC. Further, the appellant herein/accused was sentenced to undergo rigorous imprisonment for a period of three (03) years and to pay a fine of Rs.2,000.00, in default of payment of fine, he shall undergo rigorous imprisonment for a period of six (06) months more for the offence punishable under Sec. 379 IPC. The appellant herein/accused was found not guilty of the offence punishable under Sec. 411 IPC and he was acquitted of the said offence in terms of Sec. 235 (1) of the Code of Criminal Procedure, 1973 (for brevity 'CrPC').

(3.) The substance of the charges as against the appellant herein/accused is that on 6/2/2013 at about 11.30 PM, at the house of one G.Subbaramaiah Setty (hereinafter referred to, as 'the deceased') he did commit murder by intentionally causing the death of the deceased by throttling his neck and pressing the face with a pillow, because of the same, the deceased died with asphyxia. Thereafter, the appellant herein/accused committed theft of cash of Rs.21.00 lakhs and gold ornaments about 42 Tulas from the deceased.