YELLAMPALLI SIVAIAH Vs. STATE OF A. P.

JUDGEMENT

(1.) A.1 in S.C.No.410/2011 on the file of III Additional Sessions Judge, Rajampet, Kadapa District, is the appellant. Originally the police filed charge sheet against A.1 and A.2 before the learned Judicial Magistrate of First Class, Railway Kodur. Thereafter, the said case was committed to the Court of Sessions and made over to III Additional Sessions Judge, Rajampet.

(2.) As A.2 absconded, the case against A.2 was split up and numbered as S.C.No.125/2017 and the same is still pending. As such, the learned Additional Sessions Judge took up case only against A.1. He was tried and convicted by the learned Additional Sessions Judge under Sec. 302 IPC and was sentenced to suffer imprisonment for LIFE and also to pay a fine of Rs.2,000.00, in default to suffer simple imprisonment for a period of three months.

(3.) Substance of the charge is that on 31/3/2011, A.1 and A.2 invited one Manda Chinnaiah @ Chinnodu @ Nakkodu (hereinafter referred to as 'the deceased') for consuming liquor in between 7.30 P.M. and 8.30 P.M. near Pedda Cheruvu and both of them caused his death by inflicting injuries with hunting sickle and a dagger, thereby committed offence punishable under Sec. 302 IPC.