MANNE NAGARAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Sole accused in S.C.No.76 of 2012 on the file of the Court of Special Judge for Trial of Cases under the S.Cs and the S.Ts (PoA) Act -cum- X Additional District & Sessions Judge, East Godavari at Rajahmundry, ("Sessions Judge" for short) is the appellant in the present Criminal Appeal. Vide impugned judgment dtd. 28/8/2015, in the said Sessions case he was convicted for the charges punishable under Ss. 302, 364 and 201 IPC and, sentenced to undergo imprisonment for life and further directed to pay fine of Rs.25,000.00, in default of payment of fine, to undergo simple imprisonment for a period of six (6) months for the offence punishable under Sec. 302 IPC. The accused was further sentenced to undergo rigorous imprisonment for a period of ten (10) years and further directed to pay fine of Rs.20,000.00, in default of payment of fine, to undergo simple imprisonment for a period of five (5) months for the offence punishable under Sec. 364 IPC. He was further sentenced to undergo simple imprisonment for a period of five (5) years and further directed to pay fine of Rs.15,000.00, in default of payment of fine, to undergo simple imprisonment for a period of four (4) months for the offence punishable under Sec. 201 IPC. In the fine of Rs.60,000.00, PW.1 is entitled for an amount of Rs.50,000.00 and all the sentences were directed to run concurrently.

(2.) The substance of the charge as against the accused is that on 6/7/2011 at 08.00 p.m., the accused caused death of one Byragi Bhavani Prasad (hereafter referred to as "the deceased") by throttling his neck and thrown away of the dead body of the deceased into Eastern side of the canal to cause screening of evidence of the commission of offence with an intention to escape from legal punishment. In order to commit the crime, the accused kidnapped the deceased through the son of the accused on his bicycle.

(3.) The case of the prosecution in brief is as follows :