ONTIMITTA VENKATRAMANA Vs. STATE OF A P

JUDGEMENT

(1.) A-1 and A-2 in S.C.No.237 of 2000 on the file of the VII Additional District and Sessions Judge, (Fast Track Court), at Madanapalle, Chittoor District, were convicted for the offence under Section 302 I.P.C., through judgment dated 14-11-2002. They were sentenced to undergo imprisonment for life, and to pay a fine of Rs. 100/- each, in default, to undergo simple mprisonment for one week, each. This Criminal Appeal is filed assailing the conviction and sentence passed against A-1 and A-2.

(2.) The appellants were charged and tried forthe murderof one Buddanna their paternal uncle, on 26-2-2000. It was alleged that the parents of A-1 and A-2 have agreed to transfer a house site in favour of the deceased, and when the latter was insisting on the execution of a sale deed, quarrels ensued number of times. It was also alleged that the grand-son of the deceased, who is son of P.W.6 was beaten by A-1, alleging that during the play, the grand - daughter of A-1 was injured and that it has resulted in submission of police complaint.

(3.) P. W.2 is the daughter of the deceased. On her request, her father, the deceased, and her mother have come to her house on the occasion of a festival in February, 2000. On 26-2-2000 the deceased is alleged to have gone to a field, and on noticing that it was raining, P.W.1, the daughter of P.W.2, took an umbrella and proceeded to give the same to the deceased. P.W.2 and her mother are said to have gone for washing the clothes to a neighbouring place, and they were returning home at around 4:00 p.m. It is alleged that the appellants came out from the side of a heap of grass, near the field of one Mr. Veera Bhadraiah, and on noticing the deceased passing through that place, they hacked the deceased on the neck and other places with sickles. P.W.1, P.W.2, and the wife of the deceased are said to have raised alarms on seeing the incident, and on noticing the same, the appellants have fled away.