GADIKANA MURALI KRISHNA Vs. STATE OF A.P.

JUDGEMENT

(1.) Accused Nos.1 to 4 in Sessions Case No.137 of 2015 on the file of the V Additional District and Sessions Judge, Tirupati, (hereinafter referred to, as the learned Additional Sessions Judge") are the appellants in the present Criminal Appeal. The learned Additional Sessions Judge tried the accused Nos.1, 3 to 5 for the offences punishable under Ss. 302 read with 34 of the Indian Penal Code, 1860 (for brevity IPC") and 201 read with 34 IPC and accused Nos.1 and 2 for the offence punishable under Sec. 120B IPC.

(2.) Vide Judgment, dtd. 20/3/2017, the learned Additional Sessions Judge convicted the accused Nos.1 and 2 of the offence punishable under Sec. 120B IPC, and also convicted the accused Nos.1, 3 and 4 of the offence punishable under Sec. 302 read with 34 IPC and sentenced the accused Nos.1 and 2 to undergo imprisonment for life and to pay a fine of Rs.1,000.00 (Rupees one thousand only) each, in default to suffer simple imprisonment for a period of three (03) months each, for the offence punishable under Sec. 120B IPC; accused Nos.1, 3 and 4 are sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000.00 (Rupees one thousand only) each, in default to undergo simple imprisonment for a period of three (03) months each for the offence punishable under Sec. 302 read with 34 IPC. Both the substantial sentences, imposed against accused No.1, were directed to run concurrently. The learned Additional Sessions Judge found the accused No.5 not guilty of the offence punishable under Sec. 302 read with 34 IPC and also accused Nos.1, 3 to 5 not guilty of the offence punishable under Sec. 201 read with 34 IPC and they were acquitted 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 accused Nos.1 to 5 is that between 30/7/2014 at 7.30 p.m., and 31/7/2014 to 6.30 a.m., near A.M.Puthur, beside Srikalahasti-Naidupet Bypass road, Srikalahasti Town, accused No.2, being the concubine of accused No.1, conspired together to kill one V.Gopi (hereinafter referred to, as the deceased"), husband of accused No.2, so as to lead extramarital life with accused No.1 and that, accused No.1 administered pesticide pills in the water bottle and liquor bottle given to the deceased and accused No.5 supplied the pesticide pills on the directions of accused No.1 and accused Nos.1, 3 and 4 hit on the head of the deceased one by one and killed him. In the course of same transaction, accused Nos.1, 3 to 5 screened off the evidence of murder of the deceased and picturized it as suicidal death.