V. DILEEP KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Appellants in Criminal Appeal No.1280 of 2016 are A.1 and A.4, appellant in Criminal Appeal No.1295 of 2016 is A.3 and appellant in Criminal Appeal No.1312 of 2016 is A.2, in Sessions Case No.277 of 2013 on the file of the I Additional Sessions Judge, Nellore. They preferred the respective appeals challenging the conviction and sentence recorded against them in the judgment dtd. 14/12/2016 in the aforesaid Sessions Case.

(2.) Vide the impugned judgment, the learned Sessions Judge found A.1, A.3 and A.4 guilty of the offence punishable under Sec. 302 read with 34 IPC and found A.2 guilty of the offences punishable under Ss. 302 and 324 IPC, and accordingly convicted them of the said offences and sentenced A.1, A.3 and A.4 to undergo imprisonment for life and to pay fine of Rs.2,000.00 in default to suffer simple imprisonment for a period of three months for the offence punishable under Sec. 302 read with 34 IPC, and sentenced A.2 to undergo imprisonment for life and to pay fine of Rs.2,000.00 for the offence punishable under Sec. 302 IPC and to undergo rigorous imprisonment for a period of two years for the offence punishable under Sec. 324 IPC. All the sentences are directed to run concurrently.

(3.) The substance of charge against the accused is that on 30/12/2010 at about 5.30 PM near Axis Bank ATM, B.S.N.L. Office, Leela Mahal Road, Nellore, all the accused caused death of one Ummadisetty Sai kumar (hereinafter referred to, as 'the deceased'); A.2 stabbed the deceased with a knife; A.1, A.3 and A.4 had common intention to kill the deceased whereas A.1 instigated A.2 to kill the deceased while A.3 and A.4 caught hold of the deceased.