MADABOINA THULJARAM, S/O RAMAIAH AND ANOTHER Vs. STATE OF ANDHRA PRADESH, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE AT HYDERABAD

JUDGEMENT

(1.) This Criminal Appeal has been preferred by two accused, who have been tried for the offences punishable under Sections 302 and 302 read with 109 I.P.C respectively, by the III Additional District & Sessions Judge, Medak, in Sessions Case No.451 of 2007. A.1 was found guilty for the offence punishable under Sec. 302 I.P.C, while A.2 was found guilty for the offence punishable under Sec. 302 read with 109 I.P.C. They were both sentenced to undergo imprisonment for life apart from imposing of fine of Rs. 100.00 each.

(2.) The case of the prosecution is that the deceased and A.2 have jointly purchased certain lands nearly an extent of Ac.8-00. But, however, they have divided them amongst themselves subsequently. In the land that has fallen to the share of the deceased, there was a bore well dug and similarly in the land that fell to the share of A.2 also, there was a bore well dug. However, it appears, the bore well that was dug in the land of the deceased was giving good yield, whereas the bore well dug in the land of A.2 was not producing sufficient quantity of water for irrigating the land of A.2. It is alleged that the deceased is switching off the bore wells operated in his neighbouring lands to avoid severe power fluctuations resulting in damage to his bore well. It is, further alleged that the land owners of the neighbouring lands, who all belong to Mupparam village, bore grudge against the deceased and planned to do away with him and as a consequence of this design, A.2 entered into an arrangement with A.1 for killing the deceased.

(3.) On behalf of the prosecution, 16 witnesses were examined and Exs.P1 to P11, have been marked. Material objects 1 to 5, which were recovered during the course of investigation were got marked. Ex.D1 is the relevant portion of the statement made by PW.7 under Sec. 161 of Cr.P.C.