SHAIK KHASIM BASHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Sri D.Purnachandra Reddy, learned counsel for the appellants/accused No.1 and 2, and Sri S.Dushyanth Reddy, learned Addl.Public Prosecutor for respondent/State.

(2.) The appeal is filed by the accused No.1 and 2 in Sessions Case No.323 of 2014 on the file ofIVAdditional District and Sessions Judge, Kurnool (hereinafter referred to as 'trial Court'). The accused No.1 and 2 were tried and convicted by the trial Court for the offence under Sec. 302, 397 and 201 r/w.34 of Indian Penal Code, 1860 (for brevity 'I.P.C.'), and sentenced to suffer 1) rigorous imprisonment for life, and also to pay fine of Rs.1,000.00 (Rupees One Thousand only) each, in default, to suffer simple imprisonment for a period of two months each, for the offence U/s.302 I.P.C., 2) rigorous imprisonment for a period of seven years, and to pay a fine of Rs.500.00 (Rupees Five Hundred only) each, in default, to suffer simple imprisonment for a period of one month each, for the offence U/s.397 I.P.C., and 3) rigorous imprisonment for a period of five years, and also to pay a fine of Rs.500.00 (Rupees Five Hundred only) each, in default, to suffer simple imprisonment for a period of one month each, for the offence U/s.201 r/w.34 I.P.C.

(3.) The substance of the charge is that the accused No.1 and 2 on 12/1/2013 at about 10.57 PM committed murder of Sri M.V.Prabhu (hereinafter referred to as 'deceased'), and robbed a Car, Samsung cell phone, Spice cell phone, wallet containing Rs.1,400.00, six ATM cards and a Lenovo Lap Top from the deceased, and caused disappearance of the evidence by setting fire to the body of the deceased.