SHAIK BASHA Vs. STATE OF A.P.

JUDGEMENT

(1.) Sole accused in Sessions Case No.186 of 2016 on the file of the Principal Sessions Judge, East Godavari at Rajahmundry, is the appellant herein. He was tried for the offences punishable under Ss. 302 and 323 of the Indian Penal Code, 1860 (for short, 'IPC') by the learned Sessions Judge.

(2.) Vide judgment dtd. 9/1/2017 in the aforesaid Sessions Case, the appellant was convicted of the offences punishable under Ss. 302 and 323 IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000.00 in default to suffer simple imprisonment for a period of two months for the offence punishable under Sec. 302 IPC and to undergo simple imprisonment for a period of one month for the offence punishable under Sec. 323 IPC. Both the sentences were directed to run concurrently.

(3.) The substance of charges as against the accused is that on 26/27/9/2015 at about 1.30 AM at D.No.2-224, Velampeta, Seetanagaram mandal, the accused committed murder by intentionally causing death of his brother's son shaik Razi (hereinafter referred to, as 'the deceased'), by hacking him with an axe indiscriminately on his head, face and thereby committed an offence punishable under Sec. 302 IPC, and that on the same date, time and place mentioned above, the accused voluntarily caused hurt to his mother shaik Haleema Beebi by fisting on her mouth, and thereby committed an offence punishable under Sec. 323 IPC.