MADDIKUNTA SHIVAIAH Vs. STATE OF A P

JUDGEMENT

(1.) The appellants are brothers. Both of them, as Al and A2 in S.C. No.315 of 1999 on the file of the III Additional District and Sessions Judge, (Fast Track Court), Medak at Sanga Reddy, were charged with the offence under Section 302 I.P.C., for committing the murder of one_Mailagari Laxmaiah. The Trial Court found them guilt of the offence and sentenced them to undergo imprisonment for life. They were also sentenced to pay a fine of Rs.100/-, each, and in default, to suffer rigorous imprisonment for six months.

(2.) PWs.2 and 7 are brothers of the deceased, Laxmaiah. PW-1 is his maternal uncle, and PW-3 is the son of PW-1. All of them, as well as the appellants herein, are the residents of Venkatapur Village. It was alleged that the appellants have committed the murder of the deceased, Laxmaiah, at about 8:00 a.m., on 19-5-1999, by beating with sticks. The motive for committing the murder is said to be that the deceased invited the wife of the 1st appellant, for consuming the toddy, and thereby he bore grudge against the deceased. The complaint, Ex.P-1, about the occurrence, was submitted by PW-1. It was alleged that at about 8:00 a.m., on that day, he went to the hotel of M.D. Sophi, and was taking tea. The deceased came there, and was standing in between the toddy shop, of one Rukma Goud, and Kirana shop, of one Sailu, PW-4. In the meanwhile, the appellants are said to have attacked the deceased with sticks, and when PW-4 and his elder brother sought to intervene, the appellants threatened them, and took the deceased along with them, even while beating with sticks. They are said to have laid the deceased, in front of the house of one Talari Devaiah, and did not allow anyone to rescue him. After some time, the younger brother of the deceased, PW-7, is said to have come and taken the deceased in an injured condition, to the Government Hospital at Sadasivpet, where he was declared dead.

(3.) The prosecution examined PWs.1 to 13 and marked Exs.P-1 to P-10. On appreciation of the oral and documentary evidence before it, the Trial Court convicted the appellants for the offence under Section 302 I.P.C., and sentenced them to undergo imprisonment for life and to pay fine of Rs.100/-, each, through its judgment dated 23-11-2002.