RAJAMOORI RAM REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) Since both these appeals are directed against the judgment and sentence rendered by the IV Additional District and Sessions Judge, (Fast Track Court), Mahabubnagar, in Sessions Case No. 7 of 2009, dated 16.06.2010, we heard them together. Crl.A. No. 806 of 2010 was preferred by accused No. 2, while Crl.A. No. 909 of 2010 was preferred by accused Nos. 1 and 3.

(2.) The case of the prosecution is that PW1, the complainant and the deceased, his brother -in -law, went out to consult a lawyer, who is prosecuting one of the cases, in which the deceased was interested. Around 9.45 p.m. after the consultation work with the advocate was over, they were returning via clock tower area. It is PW1, who was riding the motorcycle, while the deceased was riding as a pillion. The deceased seems to have suggested to PW1 to stop the motorcycle and go to nearby chips shop to buy the same. Accordingly, PW1 stopped his motor cycle, went to a nearby shop, purchased chips and while returning from a distance of 10 feet, he has seen his brother -in -law, the deceased, has been attacked by five or six people with hunting sickles and other deadly weapons. Because of the hue and cry raised by him, the accused persons ran away from the scene and though PW1 tried to catch hold of them, he could not succeed. By the time, he returned, his brother -in -law has collapsed on the road. It is the specific case of the prosecution that it is PW1 along with some others, shifted the deceased to the local Government Hospital and then he went to the police station and lodged the complaint -Ex.P1. After investigation, accused Nos. 1 to 3 have been charge -sheeted for the offence punishable under Sec. 302 IPC.

(3.) In support of the case of the prosecution, PWs. 1 to 10 were examined and Exs. P1 to P17 have been got marked. Six material objects, of which Mos.1 to 3 are the hunting sickles allegedly used by the accused for accomplishing the crime, are also got marked. Mos.4 to 6 are the apparel worn by the deceased. The Sessions Court found the accused guilty of the offence punishable under Sec. 302 read with 34 IPC and accordingly, sentenced them to undergo imprisonment for life and to pay fine of Rs. 500/ -.