MAGAOTI SATYANARAYANA Vs. STATE OF A P

JUDGEMENT

(1.) This appeal preferred by five accused in S. C. No. 96 of 1981 on the file of the Court of the Sessions Judge East Godavari is directed against the judgment dated 2nd December. 1981, convicting and sentencing each of them for having committed the murders of the deceased No. 1 Kurakula Chakram and deceased No. 2 Peddisetti Rajababu on 19th May, 1981, at about 6 P. M. near the Timber Depot of Peddisetti Lakshmanaswami (P. W. 2) in Oollaprolu village of Pithapuram taluq. A-1 and A 2 were sentenced to Imprisonment for life for the offence under section 302, Indian Penal Code, for causing the murder of Kurakula Chakram (deceased No. 1). A-4 is sentenced to Imprisonment for Life for the offence under section 302, Indian Penal Code, for causing the murder of Kurkula Chakram (deceased No. 1). A-4 is sentenced to Imprisonment for Life for the offence under section 302, Indian Penal Code, for causing the murder of Peddisetti Rajababu (deceased No 2), each of A-3 to A-S were sentenced to Imprisonment for Life for the offence under section 302, read with 149, Indian Penal Code, for the murder of Chakram (D-1) each, of A-1, A-2, A-3 and A-S were sentenced to Imprisonment for Life for the offence under section 302 read with 149 Indian Penal Code for the murder of Peddisetti Rajababu (D-2), A-1 A-2 and A-4 were convicted and sentenced to undergo R. 1. for two years for the offence under section 148, Indian Penal Cede and A-3 and A 5 were convicted and sentenced to undergo R. 1. for one year for the offence under section 147, Indian Penal Code. AH the sentences were directed to run concurrently.

(2.) The case of the orosecutton briefly stated is as follows: The deceased No. 1 Kurakulu Chakram, the deceased No. 2 Peddisetti Rajababu the material witnesses for prosecution and all the accused are residents of Gollaprolu within the limits of Pithapuram Police Station. A-l and A-4 are the sons and A-5 is the son-in-law of A-3. A-2 is the friend of A-l. The deceased No. 1 Chakram is the brother-in-law of P. W. 1 The deceased No. 2 Rajababu is the son of P. W. 5 and grandson of P. W. 2. P. W 2, P. W. 5 and the deceased No. 2 Rajababu were residing in different portions of the same house of P. W. 2. P. W. 2 and P. W. S have a Timber Depot attached to the house of P. W. 2. P. W. 3 is having kit cattle-shed near the Timber Depot of P. W. 2.

(3.) The occurrence of murder of the deceased No 1 Chakram and deceased No. 2 Rajababu took place on the main road in front of the house of A-3, the cattle shed of P. A-3 and near the Timber Depot of P. W. 2. A-1, A-3, A-4 and A-5 reside in the house of A-3 which adjoins the house of P. W. 2.