KOLAKANI BALARAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused No.1 in Sessions Case No.11 of 2012 on the file of the Court of II Additional Metropolitan Sessions Judge Cum-IV Additional District and Sessions Judge, Visakhapatnam, is the appellant in the present Criminal Appeal. He along with Accused Nos.2 to 8 were tried by the learned Additional Sessions Judge under two charges i.e., first charge was under Sec. 120 (b) IPC against Accused Nos.1 and 2 and the second charge was under Sec. 302 read with 34 IPC against Accused Nos.1 to 8.

(2.) Substance of the charge is that Accused Nos.1 and 2 having conspired together and all the accused attacked one Lingeri Koteswara Rao (hereinafter referred to as "the deceased") at weekly shandy of Maddigaruvu Village at about 2.00 P.M on 1/7/2010 with an axe and knife and causing his death by hacking on the back side of his neck and thereby committed offences punishable under Ss. 120 (b) and 302 read with 34 IPC.

(3.) After completion of trial, the learned Additional Sessions Judge, convicted Accused Nos.1 and 2 under Sec. 302 read with 34 IPC and sentenced each of them to suffer imprisonment for "LIFE" and also to pay a fine of Rs.3,000.00 each, in default to suffer Simple Imprisonment for a period of two (02) months. The learned Additional Sessions Judge acquitted rest of accused i.e., Accused Nos.3 to 8.