MYLABATHULA CHITTIBABU Vs. STATE OF A P

JUDGEMENT

(1.) This Eluru. The appellants (hereinafter referred criminal appeal is filed by A-2 and A-3 in to as A-2 and A-3), as well as A-1, were S.C. No.108 of 1997, on the file of the tried for the offence of committing the Sessions Judge, West Godavari Division at murder of Mandru Yobu S/o. Suvarna Raju, on 20.10.1996. A-1 died during the pendency of the case in the trial Court.

(2.) P.W.2, the deceased, and one Mr. Lazar are brothers. It is alleged that Lazar had illicit intimacy with the wife of A-1, by name Mariyamma, and the caste people have resolved the dispute, by imposing fine on the said two persons. One year before the incident, the deceased is said to have caused injury to A-1, and the same resulted in registration of a case. The deceased was acquitted in that case. The relations continued to be strained between the families of the deceased on the one hand, and that of A-1 on the other hand.

(3.) Jt is alleged that on 20.10.1996, the deceased and PW-2 went to a shandy in the village, purchased vegetables and mutton, and when they were returning at 5-30 p.m., A-1, A-2 and A-3 are said to have hacked the deceased from behind, nearby the house of one Medicherla Tatarao. Apart from PW.2, PWs.3 to 5 are said to have witnessed the occurrence. While PW.2 is said to have run away from the scene on seeing A-l and A-2 attacking the deceased, PWs.3, 4 and 5 spoke to the fact that A-3 had also attacked the deceased with a knife.