PATHIGULLA CHANDRASEKHAR Vs. STATE OF A.P.

JUDGEMENT

(1.) Accused No.1 in Sessions Case No.76 of 2015 on the file of the Court of II Additional Sessions Judge, Parvatipuram, Vizianagaram District, is the appellant in the present Criminal Appeal. He along with Accused Nos.2 to 5 were tried by the learned Additional Sessions Judge under four charges i.e., first charge was under Sec. 302 IPC against Accused No.1, second charge was under Sec. 201 IPC against Accused No.1, third charge was under Sec. 302 read with 34 IPC against Accused Nos.2 to 5 and fourth charge was under Sec. 201 read with 34 IPC against Accused Nos.2 to 5.

(2.) Substance of the charge is that on 19/10/2014 at about 2.00 P.M Accused No.1 with the common intention of Accused Nos.2 to 5 went to the house of one Korada Ramanamma (hereinafter referred as the deceased), situated at Jannivalasa Village and beat her with a stone on her face and head, causing her death and washed the blood stains with water, thereby committed offences punishable under Ss. 302, 302 read with 34 IPC and Ss. 201, 201 read with 34 IPC. After completion of trial, the learned Additional Sessions Judge convicted Accused No.1 under Sec. 302 IPC and sentenced him to suffer imprisonment for "LIFE" and also to pay a fine of Rs.1,000.00 in default to suffer Rigorous Imprisonment for a period of three (03) months under charge No.1. The learned Additional Sessions Judge acquitted Accused No.1 and other accused under charges 2 to 4.

(3.) Case of the prosecution as per the evidence of prosecution witnesses, is as follows:-